COA addresses Capacity to Execute Deed

By Doug Chalgian on October 23, 2023

  Anna signed deed conveying an interest in real property to Alvin. Anna’s child contests the deed on the theory that Anna lacked sufficient capacity to execute a...

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COA Examines Restraints on Alienation

By Doug Chalgian on June 30, 2023

  In Re Estate of Virgil F. Hoppert is a published Michigan Court of Appeals decision.  And while Hoppert arises out of a probate court decision in a...

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Another Deed in the Drawer goes Bad

By Doug Chalgian on January 13, 2023

  Husband and Wife own homestead as tenants by entireties.   Prior to leaving for a trip, they execute a deed conveying their homestead to themselves as co-trustees of...

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Published Opinion Remembers Dower

By Doug Chalgian on June 5, 2022

Greg and Constance were married. In 2003, during the marriage, Greg received property via a deed which did not include any reference to Constance.  In 2006, while still...

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COA Fixes Deed Case

By Doug Chalgian on July 4, 2021

  Two years ago, in an unpublished decision, the Michigan Court of Appeals held that a trust could hold real property as a joint tenant with rights of...

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Fun with Scrivener’s Error, Collateral Estoppel and Res Judicata

By Doug Chalgian on March 20, 2021

  This unpublished opinion explores the differences between res judicata and collateral estoppel, while touching on the limits to using an affidavit of scrivener’s error to clear title...

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Not Making This Up

By Doug Chalgian on August 23, 2019

UPDATE:  This case was subsequently appealed to the Michigan Supreme Court which vacated the decision discussed below, and remanded the case to the Court of Appeals.  The subsequent...

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Doug Chalgian

About The Author: Doug Chalgian

I am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution.