Court Terminates Irrevocable Trust when Circumstances Change
By Doug Chalgian on July 16, 2022
Talonda was injured in a car accident as a child. An irrevocable Medicaid payback trust (aka “d4A Trust”) was established to hold the funds recovered from a personal...
Lessons from Logan
By Doug Chalgian on May 9, 2022
This case involves the reasonableness of the legal fees incurred by a bank trustee in managing a special needs trust. The case offers food for discussion on...
More COVID Things
By Doug Chalgian on April 6, 2020
Impact Payments and Medicaid. As you recall, a big part of the federal stimulus bill is that people will get cash payments. Specifically, all tax filers who have...
COA Gives Special Needs Community Big Win in Placement Case
By Doug Chalgian on May 19, 2019
This is a published decision about a guardianship over a person with a developmental disability (a “DD guardian”), and more specifically, the powers of a DD guardian versus...
Free Programs on New Trust Law
By Doug Chalgian on March 21, 2019
We interrupt this blog for a special message. Chalgian and Tripp Law Offices will be hosting a series of conversations about the new divided and directed trustee laws...
The Next BIG Thing in Michigan Trust Law
By Doug Chalgian on November 6, 2018
Legislation currently moving through Michigan’s House and Senate will, if passed, dramatically impact the world of trust law in Michigan, and especially the drafting of discretionary trusts. Indications...
Two Happy Notes
By Doug Chalgian on December 8, 2016
On the topic of self-settled special needs trusts (aka Medicaid Pay-Back Trusts; aka D4A Trusts), the “Special Needs Trust Fairness Act” has passed both houses of Congress and...
Four New Things
By Doug Chalgian on October 27, 2016
Michigan Launches ABLE Accounts Michigan will unveil details about it’s ABLE program November 1. ABLE is the Achieving Better Life Experience ACT that each State can implement, and...
The Self-Inflicted Drafting Defect that Keeps on Giving
By Doug Chalgian on January 6, 2016
Discretionary trusts are important for all sorts of reasons. Essentially, the law holds that when a beneficiary’s interest in a trust is subject to the pure and unfettered...
Capacity to Gender Identify
By Doug Chalgian on November 8, 2015
Talk about cutting edge cases… How about this one out of Jackson County: 60 year-old biological male with history of developmental disabilities and psychiatric events, decides he wants...
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