Nuances of the Presumption
By Doug Chalgian on May 27, 2023
In this age of exploitation of vulnerable adults, undue influence is often the only legal theory available. It functions (even thrives) in a grey world where weakness,...
Moose Lodge Marriage Buries Litigants
By Doug Chalgian on November 7, 2021
In the last few weeks of Lynden’s life, he was heavily medicated and receiving hospice care. Notwithstanding, he showed up for his marriage at the Moose Lodge...
The Sure Thing
By Doug Chalgian on March 27, 2021
There are no sure things in life. As we see in the case of In Re Estate of Joseph Verga, that statement holds true in the realm of...
Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
Ramble On Rowdy Ron
By Doug Chalgian on December 31, 2019
It’s the end of the year, a good time to take stock of where we are and where we’re going. In this story, Mary meets Ron late in...
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In Re Margaret Krum Trust is an unpublished decision of the Court of Appeals dealing with undue influence.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In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition...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...
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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. |