Collectability of Oral Family Loans
By Doug Chalgian on January 29, 2023
A new unpublished decision from the Michigan Court of Appeals looks at a dispute over several intra-family oral loans. In the course of an unusually lengthy opinion,...
COA Affirms Conservator’s Ladybird Deed
By Doug Chalgian on January 20, 2023
The important holding in this case is that a conservator can execute a ladybird deed without first asking for court permission. The facts and other nuances of...
Another Deed in the Drawer goes Bad
By Doug Chalgian on January 13, 2023
Husband and Wife own homestead as tenants by entireties. Prior to leaving for a trip, they execute a deed conveying their homestead to themselves as co-trustees of...
I Got COA – L for Christmas
By Doug Chalgian on December 25, 2022
So, I took this case just to handle the appeal. I wasn’t involved in the lower court actions, and they were a mess. What attracted me was...
A Winter’s Tale
By Doug Chalgian on December 23, 2022
Throw another log on the fire and get comfortable. It’s going to take a minute to explain this case. Act I Evelyn’s Will includes several hundreds of...
COA Distinguishes Beneficiary Classes under MTC
By Doug Chalgian on November 19, 2022
In this recently released unpublished decision, the Michigan Court of Appeals identifies four types of persons who are entitled to information about trust administration under the Michigan...
Patient Advocate Removed for Advocating
By Doug Chalgian on November 16, 2022
In In re Guardianship of Tyler J. Newland (click on the name to read the case), a patient advocate for a vulnerable adult is removed for advocating...
Published Case Lets Bank Trustee Off the Hook
By Doug Chalgian on October 21, 2022
The Michigan Trust Code allows a Trustee to protect itself by providing reports (aka accountings) that adequately notify the beneficiaries of any potential breaches. When such a...
Deed Case Feels Like Law School Question
By Doug Chalgian on October 18, 2022
This is one of those law school question cases, mostly real property law but with a probate twist. Here we go: The Deeds A and B own...
COA Endorses Guardian Delegation in Published Opinion
By Doug Chalgian on October 15, 2022
This published opinion arises out of a dispute between an insurance company and a professional guardian but implicates the important question of what it means to be a...
![](<iframe style="border: none; width: 100%; height: 510px;" src="/wp-content/themes/2017-chalgian-tripp/plantobe100-mailchimp.html"></iframe>)
- All
- Aging Issues
- Appeals Michigan Court of Appeals
- Asset Protection
- care giving
- Cases, Statutes and Court Rules
- Estate Administration
- Estate Planning
- Government Benefits
- Hospice
- Household Goods Medicaid
- Litigation and Financial Exploitation
- Ambiguity
- Attorney – Client Relationship
- Attorneys Fees
- Beneficiary Designation
- Capacity
- Capacity to Retain Counsel
- Construction of Will or Trust
- Constructive Trust
- Discovery
- End of Life
- Estoppel
- Expert Witness
- Fiduciaries
- Financial Exploitation
- forgery
- Guardianship and Protected Persons
- Joint Accounts
- laches
- Marriage
- Mediation
- Power of Attorneys
- probate court jurisdiction
- Sanctions
- Settlement Agreements
- statute of frauds
- statute of limitations
- stepchild
- Summary Disposition
- Tortious Interference with Inheritance
- Trust Termination
- Unconscionable
- Undue Influence
- Wills and Trusts
- Long Term Care Insurance
- mental illness
- Minor Guardianship
- Nursing Homes
- Real Property
- Special Needs Planning
- Uncategorized
- Vulnerable Adults
- writing
 |
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. |