Nuances of the Presumption
By Doug Chalgian on May 27, 2023
In this age of exploitation of vulnerable adults, undue influence is often the only legal theory available. It functions (even thrives) in a grey world where weakness,...
Worst Medicaid Case Ever gets Published
By Doug Chalgian on May 21, 2023
It’s hard to imagine what the lawyer who handled this appeal was thinking. Facts are: In February, Deborah created an irrevocable trust. The terms of the trust...
A Saturday Twofer
By Doug Chalgian on May 13, 2023
In the cases released by the Michigan Court of Appeals this week, I find two cases that combined provide just enough meat for one juicy nut (aka,...
The End of the PHE
By Doug Chalgian on May 11, 2023
Today, May 11, 2023, marks the end of the public health emergency that began when COVID kicked in just over three years ago. While there are many...
Important Guardianship Case Going Up
By Doug Chalgian on May 6, 2023
I posted about In Re Guardianship of Mary Ann Malloy when the Court of Appeals issued a published opinion last fall. The question in the case is...
Medicaid Exempt Homestead Alert
By Doug Chalgian on April 25, 2023
A notice of proposed policy just circulated by the Michigan Department of Health and Human Services alerts planners that a change in the way DHHS defines an...
Billy and Bud Buy a Tractor
By Doug Chalgian on April 22, 2023
Billie gave Bud money to buy a tractor. Undisputed. (I’m not making up the names.) Bud dies ten years later and Billie comes to Bud’s estate to...
COA Finds Middle Ground in Farm Family Feud
By Doug Chalgian on April 4, 2023
This is a classic farm family story. If you practice in any rural areas, you’ve probably heard this one before. Dad and Son farm together for decades...
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...
- Aging Issues
- Appeals Michigan Court of Appeals
- Asset Protection
- care giving
- Cases, Statutes and Court Rules
- Estate Administration
- Estate Planning
- Government Benefits
- Household Goods Medicaid
- Litigation and Financial Exploitation
- Attorney – Client Relationship
- Attorneys Fees
- Beneficiary Designation
- breach of fiduciary duty
- Capacity to Retain Counsel
- Construction of Will or Trust
- Constructive Trust
- End of Life
- Expert Witness
- Financial Exploitation
- Guardianship and Protected Persons
- Joint Accounts
- Power of Attorneys
- probate court jurisdiction
- Settlement Agreements
- statute of frauds
- statute of limitations
- Summary Disposition
- Tortious Interference with Inheritance
- Trust Termination
- Undue Influence
- Wills and Trusts
- wrongful death
- Long Term Care Insurance
- mental illness
- Minor Guardianship
- Nursing Homes
- Real Property
- Special Needs Planning
- Vulnerable Adults