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In this recently released unpublished opinion, Spouse A is conservator over Spouse B.  Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...

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“F Principle” and Other Things I Say

By Doug Chalgian on January 7, 2022

  I’m lucky to be busy – so I get to tell potential clients what I really think of their cases.  And what litigation is really like.  Some...

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2021 Ends Well for Tato the Dog

By Doug Chalgian on December 30, 2021

  This post is unrelated to probate or elder law. While reading newly released cases from the Michigan Court of Appeals, I saw this case:  In Re Tato. ...

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Credit Union Cluster Costs Kid

By Doug Chalgian on December 29, 2021

  Spouse A owns an account at credit union.  On a certain date, Spouse A and Spouse B complete a form titled “application” in order to make Spouse...

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“Contingent Claim” is Timely Filed

By Doug Chalgian on December 26, 2021

  This newly released published opinion looks at a question about when a “claim arises” under MCL 700.3803(2)(b). Parents of a child who died at birth, acting as...

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Stepchild Inheritance Blocked by EPIC in Published Opinion

By Doug Chalgian on December 18, 2021

Childless Joseph marries Sally in 1993.  Sally comes into the marriage with one child, Katelyn, then aged 8. In 2005 Joseph and Sally prepare estate plans, including Joseph’s...

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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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Medicaid Modifies Vehicle Exclusion

By Doug Chalgian on October 19, 2021

  The Michigan Department of Health and Human Services has decided to update the definition of “vehicle” in the context of its long-term care Medicaid programs.  As you...

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Bank’s Successor Does Not Have Standing to Serve as PR

By Doug Chalgian on October 16, 2021

  An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal....

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Immunity Protects Testimony in Guardianship Proceedings

By Doug Chalgian on September 25, 2021

This published case arises out of a circuit court action, but relates to the testimony and pleadings of parties to an adult guardianship case.  Click here to read...

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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.