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In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally...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An unpublished opinion today that looks at the question of when expert opinions are sufficient to create a question of fact, versus when they remain mere speculation; in...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In this unpublished decision from the Court of Appeals, a potential litigant filed a “petition for instruction” which asked the trial judge to decide the question of: If...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In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition...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This is an unpublished will construction case.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 will,...
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In Re Benedetti Estate and Trust is a recent unpublished opinion from the Court of Appeals, so take it for what it’s worth.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...
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...
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...
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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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. |