Great Facts and Experts Can’t Survive Summary

By Doug Chalgian on November 22, 2018

An unpublished opinion today that looks at the question of when expert opinions are sufficient to create a question of fact, versus when they remain mere speculation; in...

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Terror Clause Canaries Don’t Fly

By Doug Chalgian on August 18, 2018

In this unpublished decision from the Court of Appeals, a potential litigant filed a “petition for instruction” which asked the trial judge to decide the question of: If...

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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In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition...

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Share and Share Alike

By Doug Chalgian on October 19, 2017

This is an unpublished will construction case. To read In Re Estate of Eugenie Dietrich, click on the name. In other posts (see for instance Who Gets the...

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Section 2503 Grows Up

By Doug Chalgian on November 12, 2016

This just in – pretty big news - and pretty interesting – the Michigan Court of Appeals holds, in a published opinion, that a draft of a will,...

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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In Re Benedetti Estate and Trust is a recent unpublished opinion from the Court of Appeals, so take it for what it’s worth.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...

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Tell It To Me Slowly

By Doug Chalgian on July 10, 2015

Humming in my head the other day was an old song – What’s your name? Who’s your daddy? Is he rich like me? Has he taken any time...

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The Always Interesting Holographic Wil

By Doug Chalgian on March 31, 2014

A holographic will is a will that a person writes out in their own hand – and signs and dates.  If this is done, the usual requirements that...

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More Terror Clause Trouble

By Doug Chalgian on June 23, 2013

The Court of Appeals has published another case on terror clauses.  Estate of Eugene Stan.The facts are that A filed for formal admission of a Will which included...

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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...

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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.