COA Explains Leave to Amend
By Doug Chalgian on March 23, 2022
This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires”...
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...
Lack of Diligence in Discovery Justifies MSD
By Doug Chalgian on February 20, 2021
Two siblings each petition to have a different version of Mom’s Will admitted. Through their respective attorneys, Bruce offers the 2007 Will and Jennifer offers a 2018 Will....
Tall Tales and Back Woods Justice
By Doug Chalgian on May 2, 2020
This new unpublished decision from the Court of Appeals comes out of Ogemaw County. Ogemaw is a small out-of-the-way county, with a lot of rivers and trees. Right...
Court Transcript Isn’t a Will or Oral Trust
By Doug Chalgian on February 12, 2020
In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally...
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An unpublished opinion today that looks at the question of when expert opinions are sufficient to create a question of fact, versus when they remain mere speculation; in...
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In this unpublished decision from the Court of Appeals, a potential litigant filed a “petition for instruction” which asked the trial judge to decide the question of: If...
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In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition...
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This is an unpublished will construction case.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...
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...
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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. |