6th Circuit says Trust on Hook for Millions
By Doug Chalgian on November 17, 2019
Larry is the settlor of a revocable Trust. Larry personally guarantees a loan for hundreds of millions of dollars, and signs the guarantee individually and as trustee of...
You Can’t Buy Love: But You Can Buy a Pretty Good Knock Off
By Doug Chalgian on November 12, 2019
Child calls from another state. She tells me that she is the only child of an aging parent (“Mom”). Mom is here in Michigan. Handyman with criminal history...
Ed’s Coin Flip
By Doug Chalgian on October 24, 2019
In this unpublished decision, the story goes that Ed and his Dad collected coins together. Dad died. Dad’s will said something like: Any assets, such as coins, that...
Michigan’s New Discovery Rules Part 5
By Doug Chalgian on September 20, 2019
Conclusions and Impressions 1. Upping Your Game The impact of these new rules can hardly be overstated. Those who dabble in litigation will need to think seriously about...
Michigan’s New Discovery Rules Part 4
By Doug Chalgian on September 19, 2019
In addition to the limitations imposed by the definition of the scope of discovery, the new rules specifically limit certain discovery tools, and more thoroughly address the discoverability...
Michigan’s New Discovery Rules Part 3
By Doug Chalgian on September 17, 2019
Required Disclosure The changes to the scope of discovery are dramatic; but the impact of those changes pales in comparison to the new rules regarding required disclosures. What...
Michigan’s New Discovery Rules Part 2
By Doug Chalgian on September 17, 2019
Proceeding or Civil Action The distinction between a “probate proceeding” versus a “civil action” which happens to be initiated in a probate court, remains unaltered. MCR 5.101. For...
Michigan’s New Discovery Rules Part 1
By Doug Chalgian on September 16, 2019
Litigation of all types will soon be more complicated and more expensive, probate litigation included. This development comes about because of the extensive revisions to the Michigan Court...
I’ve got a feeling
By Doug Chalgian on August 27, 2019
The big news at our firm is that James P. Spica is joining Chalgian and Tripp as of September 1. The big news in my personal life is...
Not Making This Up
By Doug Chalgian on August 23, 2019
In a recently released unpublished opinion, a panel of the Michigan Court of Appeals has held that a trust can own real property as a joint tenant with...
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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. |