COA Upholds Family Cottage Uncapping in Published Case
By Doug Chalgian on November 22, 2023
In the seemingly endless debate about how to best plan for multi-generational management of a family cottage, there are several schools of thought. Some planners promote using...
A Win for Uniformity
By Doug Chalgian on November 11, 2023
The BIG NEWS in the Michigan probate and elder law world is that Governor Whitmer has signed the Uniform Durable Power of Attorney Act (“UPOAA”) into law. ...
COA Locates Law for PR Removal
By Doug Chalgian on October 25, 2023
Parent dies leaving no surviving spouse and two kids: Amos and Rita. A year after Parent dies, Rita applies to open an intestate estate and have herself...
COA addresses Capacity to Execute Deed
By Doug Chalgian on October 23, 2023
Anna signed deed conveying an interest in real property to Alvin. Anna’s child contests the deed on the theory that Anna lacked sufficient capacity to execute a...
Seed of Hegadorn Targets SBO Planning
By Doug Chalgian on October 21, 2023
The Michigan Court of Appeals has issued a published decision in the matter of Hegadorn v DHHS (click on the name to read the case). Yes, you've...
Devo Theory Falls Short
By Doug Chalgian on September 30, 2023
The story goes: Child is living in Parent’s house prior to Parent’s death, and continues to do so for an extended period thereafter. At some point after...
“Immediate Family” Extended
By Doug Chalgian on August 29, 2023
This is a probate case in name only. But, as it comes out of a probate court and because it is published, I feel some obligation to...
Trigger Cases
By Doug Chalgian on August 26, 2023
This is a case in which the probate court determined the validity of an older person’s estate plan in the context of a guardianship and conservatorship proceeding....
When Did We Criminalize Sharing?
By Doug Chalgian on August 6, 2023
I have this case that is making me think (well they all do, but this one maybe moreso). I represent a grandson who took over caring for...
Be Still My Beating Heart
By Doug Chalgian on July 30, 2023
In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging...
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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. |