COA puts Finer Point on Probate Jurisdiction
By Doug Chalgian on August 17, 2022
In In Re Guardianship of Ronald William Layton, initial petitions for guardianship and conservatorship are filed alleging that Mr. Layton is cognitively impaired to the extent that...
“Tortious Interference with an Inheritance” Fails in Unpublished Decision
By Doug Chalgian on August 3, 2022
In Biondo v Shellenbarger (click on the name to read the case) Appellants are children cut out by their parents’ wills. Appellee is the child who received the...
Medicaid Planners Consider Move to Circuit Court
By Doug Chalgian on July 31, 2022
Over the years I’ve written about many appellate cases which began when an attorney went to court to engage in Medicaid planning. Almost all of those cases...
Beneficiary Designation Dispute Elevates Contract over Intent
By Doug Chalgian on July 25, 2022
Omari owned several life insurance policies on his own life. He established beneficiary designations on those policies, giving the death benefit proceeds to various people. Later he...
Court Terminates Irrevocable Trust when Circumstances Change
By Doug Chalgian on July 16, 2022
Talonda was injured in a car accident as a child. An irrevocable Medicaid payback trust (aka “d4A Trust”) was established to hold the funds recovered from a personal...
Federal Preemption Limits Probate Court’s Authority over Social Security Benefits
By Doug Chalgian on June 27, 2022
This post is about a published opinion which looks whether, and to what extent, a probate court can exercise authority over Social Security benefits paid to a...
Michipremes Do Right in Kermath
By Doug Chalgian on June 17, 2022
I previously posted (even wrote an article) about this case. The story is that Virginia Kermath, a demented elder, got locked out of a care home and froze...
Michipremes Release Von Greiff
By Doug Chalgian on June 11, 2022
The Michigan Supreme Court has released its long-awaited decision in In Re Estate of Hermann A. Von Greiff (click on the name to read the majority opinion)....
The End is Near
By Doug Chalgian on June 7, 2022
The long holiday during which no Medicaid cases have been closed, and annual renewals have not been required, is about to come to an end. The Michigan...
Published Opinion Remembers Dower
By Doug Chalgian on June 5, 2022
Greg and Constance were married. In 2003, during the marriage, Greg received property via a deed which did not include any reference to Constance. In 2006, while still...
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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. |