Kids Face Laches for Failing to Read Mom’s Trust
By Doug Chalgian on April 23, 2021
Really interesting facts. Important topic. Well thought out opinion. Plus a persuasive dissent. What more do you want from the Michigan Court of Appeals? In In Re...
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...
Creditor’s Rights Questions Arise while Winding Up Medical Practice
By Doug Chalgian on March 24, 2021
Dr. Lewerenz died. His office manager, acting as the personal representative of his estate, wound up his medical practice (a single member LLC). In the course of...
Fun with Scrivener’s Error, Collateral Estoppel and Res Judicata
By Doug Chalgian on March 20, 2021
This unpublished opinion explores the differences between res judicata and collateral estoppel, while touching on the limits to using an affidavit of scrivener’s error to clear title...
COA OKs Two Year Involuntary Commitment
By Doug Chalgian on March 13, 2021
When Nicholas Heidarisafa was first involuntarily committed to a psychiatric hospital, there was no question that he posed a danger to himself and others. He was biting...
Slippery PR gets Squeezed in Jurisdictional Crevice
By Doug Chalgian on March 11, 2021
In Mitan v Farmington Square Condo Association (click on the name to read the case) odd issues and odd facts drive an Oakland County Circuit Court and...
SBO Trusts Are Safe Again
By Doug Chalgian on March 9, 2021
In a one sentence update, the Michigan Department of Health and Human Services announced yesterday that “solely for the benefit policy for spouses trust will not take effect...
Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
Notable BEM Changes
By Doug Chalgian on March 2, 2021
This post is about Medicaid long term care benefits in Michigan, and assumes some general understanding on the part of the reader with respect to Medicaid planning and...
COA Says Don’t “Hyperanalyze” Confusing Codicil
By Doug Chalgian on February 27, 2021
A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent. In...
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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. |