Federal Preemption Limits Probate Court’s Authority over Social Security Benefits

By Doug Chalgian on June 27, 2022

  This post is about a published opinion which looks whether, and to what extent, a probate court can exercise authority over Social Security benefits paid to a...

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Michipremes Do Right in Kermath

By Doug Chalgian on June 17, 2022

I previously posted (even wrote an article) about this case. The story is that Virginia Kermath, a demented elder, got locked out of a care home and froze...

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COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist

By Doug Chalgian on January 18, 2022

In this recently released unpublished opinion, Spouse A is conservator over Spouse B.  Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...

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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...

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Grandparent Visitation Rules Unaltered by Minor Guardianship

By Doug Chalgian on May 17, 2021

  In this published opinion, Parent 1 dies.  Parent 2 has drug issues.  The Department of Health and Human Services successfully petitions for a minor guardianship to be...

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Published Case Addresses Terminating an Adult Guardian

By Doug Chalgian on May 17, 2021

  The case of In Re Guardianship of Roderick Gordon is about an effort to terminate an adult guardianship established under EPIC. The ward petitioned to have the...

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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...

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Two from the Asplund Clan

By Doug Chalgian on November 26, 2020

Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall. Roberta is subject to both a guardianship and conservatorship.  At...

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AFCs Not Protected by Med Mal Law

By Doug Chalgian on October 24, 2020

In a published opinion, the Michigan Court of Appeals announced that the law that shields many types of care facilities from ordinary negligence actions, by deeming them subject...

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The Cautionary Tale and Tragic Death of Virginia Kermath

By Doug Chalgian on September 17, 2020

For those of you whose lives are so dull that you neither subscribe to the Chalgian and Tripp newsletter nor read the Michigan Funeral Directors Journal, following is...

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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.