Lessons from Logan
By Doug Chalgian on May 9, 2022
This case involves the reasonableness of the legal fees incurred by a bank trustee in managing a special needs trust. The case offers food for discussion on...
COA Labors to Defeat Joint Account Claim
By Doug Chalgian on April 27, 2022
Eldon and Constance divorce in 1992. Eldon dies in 2020 never having removed Constance’s name from a joint bank account. When they divorced, the account held $1,481.00. ...
Ademption Doesn’t Apply to Cash Gifts
By Doug Chalgian on April 24, 2022
You wonder sometimes what people are thinking when they argue cases that seem like obvious losers, and even more so when these cases go up on appeal....
Off Topic: Embryos and Orbiter Dictum
By Doug Chalgian on March 25, 2022
Sarah and David are getting divorced. They have four kids, all produced through in vitro fertilization. The eggs were from Sarah’s sister. The sperm was David’s. At...
COA Explains Leave to Amend
By Doug Chalgian on March 23, 2022
This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires”...
COA Upholds Separate Maintenance for Medicaid Planning
By Doug Chalgian on March 19, 2022
Stacy v Stacy, involves the validity of a separate maintenance agreement entered into for Medicaid planning purposes. [Click on the name to read the case.] Husband is...
Judge Rips Lawyers and Gets Reversed (but not removed)
By Doug Chalgian on February 26, 2022
There probably are some legal points to glean from this unpublished opinion, like maybe it’s not ok for a probate judge to disband a trust out of...
“Effective” Counsel Required in Probate Court
By Doug Chalgian on February 23, 2022
This is a published decision emanating from a probate court. It deals with the rights of a respondent in a mental health commitment hearing. In Re Chad...
No Second Bite for State in Medicaid Appeals
By Doug Chalgian on February 20, 2022
In a published opinion, the Michigan Court of Appeals clarifies that State agencies who lose Medicaid cases at the administrative level have to live with the results. ...
Spouse Drops Pass from Dead Husband
By Doug Chalgian on February 6, 2022
Seems pretty simple. John died. His spouse, Ruth, survived him. John’s Trust says Ruth can withdraw all or some of the assets in the trust following his...
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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. |