Shake Up in SNT Land

By Doug Chalgian on April 12, 2024

  As sophisticated elder law lawyers understand, drafting a special needs trust (“SNT”) is one thing, advising trustees on how to administer them is something else – something...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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.