Surviving Spouse Escapes Trust Box – COA Puts Him Back
By Doug Chalgian on March 28, 2023
The challenge when planning for second marriages where each of them has children from prior relationships is that the client has to decide how it will go...
Nurse Helps Sick Man … Loses License
By Doug Chalgian on March 24, 2023
The undisputed facts seem to be that a man met a woman at a casino. The man was 75 years-old, had cancer, and had recently lost his...
Discovery Deviousness leads to Dismissal
By Doug Chalgian on March 18, 2023
Although, In Re Gregory Hall Trust is a published decision arising out of trust litigation, the case is really about discovery sanctions. [Click on the name to...
Father Finds Little Sympathy in COA
By Doug Chalgian on March 16, 2023
It’s hard to imagine a legal proceeding more painful than one at which parents argue over how to divide the proceeds from a lawsuit following their child’s...
Devisee can Claim Tax Sale Excess
By Doug Chalgian on March 14, 2023
In Re Petition of Emmet County Treasurer for Foreclosure is a published decision. [Click on the name to read the case.] Dona owned a house that went...
Day Late Wedding Leaves Maybe-Widow Short
By Doug Chalgian on March 11, 2023
Sandra and Leroy obtained a marriage license, hired a pastor and went through with a marriage ceremony in a church. Two of Leroy’s six children were in...
COA Clarifies Actions Under Section 1205
By Doug Chalgian on February 22, 2023
MCL 700.1205 is a section of EPIC that provides a unique method for discovery. Part 1 of that statute says: (1) The court may order a person...
Sly and the Family Feud
By Doug Chalgian on February 10, 2023
This twisted story is full of sound and fury, but signifies only, I think, that an agent appointed under a power of attorney by a pro per...
Collectability of Oral Family Loans
By Doug Chalgian on January 29, 2023
A new unpublished decision from the Michigan Court of Appeals looks at a dispute over several intra-family oral loans. In the course of an unusually lengthy opinion,...
COA Affirms Conservator’s Ladybird Deed
By Doug Chalgian on January 20, 2023
The important holding in this case is that a conservator can execute a ladybird deed without first asking for court permission. The facts and other nuances of...
- All
- Aging Issues
- Appeals Michigan Court of Appeals
- Asset Protection
- care giving
- Cases, Statutes and Court Rules
- Estate Administration
- Estate Planning
- Government Benefits
- Hospice
- Household Goods Medicaid
- Litigation and Financial Exploitation
- Ambiguity
- Attorney – Client Relationship
- Attorneys Fees
- Beneficiary Designation
- breach of fiduciary duty
- Capacity
- Capacity to Retain Counsel
- Construction of Will or Trust
- Constructive Trust
- Discovery
- End of Life
- Estoppel
- Expert Witness
- Fiduciaries
- Financial Exploitation
- forgery
- Guardianship and Protected Persons
- Joint Accounts
- laches
- Marriage
- Mediation
- Power of Attorneys
- probate court jurisdiction
- Sanctions
- Settlement Agreements
- statute of frauds
- statute of limitations
- stepchild
- Summary Disposition
- Tortious Interference with Inheritance
- Trust Termination
- Unconscionable
- Undue Influence
- Wills and Trusts
- wrongful death
- Long Term Care Insurance
- mental illness
- Minor Guardianship
- Nursing Homes
- Real Property
- Special Needs Planning
- Uncategorized
- Vulnerable Adults
- writing