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...

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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....

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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This new unpublished decision from the Court of Appeals comes out of Ogemaw County.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...

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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In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally...

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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An unpublished opinion today that looks at the question of when expert opinions are sufficient to create a question of fact, versus when they remain mere speculation; in...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In this unpublished decision from the Court of Appeals, a potential litigant filed a “petition for instruction” which asked the trial judge to decide the question of: If...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In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition...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This is an unpublished will construction case.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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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.