New Article on Exploitation Cases
By Doug Chalgian on February 21, 2019
I mentioned this article in a prior post. Something I wrote that was published in this month's Michigan Bar Journal. If you haven't seen it, and want to...
Summary Affirmed in Undue Influence Case
By Doug Chalgian on November 28, 2018
In Re Margaret Krum Trust is an unpublished decision of the Court of Appeals dealing with undue influence. [Click on the name to read the case.] This is...
State Supremes Issue Split Decision on Mardigian
By Doug Chalgian on June 23, 2018
Relish the moment because this is as exciting as probate law gets. We’ve written about the case before (See: This is Awkward). Attorney prepares an estate plan (will...
Lay Witness Testimony Regarding Cognitive Impairment
By Doug Chalgian on November 2, 2017
In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition...
Litigation Strategies Part V: Kissing Frogs
By Doug Chalgian on March 10, 2016
The topic of this post is: How to gather information at an initial meeting with clients seeking representation in an undue influence case, from a lawyer’s perspective. Start...
Fiduciary Relationship and Undue Influence
By Doug Chalgian on December 17, 2015
In Re Benedetti Estate and Trust is a recent unpublished opinion from the Court of Appeals, so take it for what it’s worth. (Click on the case name...
This Is Awkward
By Doug Chalgian on October 11, 2015
New published Court of Appeals opinion. Click here to read it. Lawyer prepares an estate plan for client (and purported friend). The estate plan leaves most of the...
Why the “Lucid Moment” Needs to End
By Doug Chalgian on May 19, 2013
There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since. It is an unpublished decision in...
Rebutting Presumption of Undue Influence
By Doug Chalgian on December 20, 2012
It’s over – at least for now. The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older...
The New Terror Clause Case
By Doug Chalgian on December 20, 2012
An unpublished Court of Appeals opinion out of Kent County offers some interesting issues regarding the scope of no contest clauses. Decedent had three children, one of whom...
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About The Author: Doug ChalgianI 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. |