“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...

Read More ›

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. ...

Read More ›

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...

Read More ›

Medicaid Letter has Advocates Looking Up

By Doug Chalgian on February 2, 2022

  A recent letter from the U.S. Centers for Medicare and Medicaid Services has advocates excited about the possibility that the end may be near for the income...

Read More ›

Copy of 706 is Reasonable Request of Trust Beneficiary

By Doug Chalgian on January 30, 2022

  In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information...

Read More ›

Lewis and the Little Lady

By Doug Chalgian on January 23, 2022

  It’s a situation many of us have seen before: one spouse (typically the wife) signs papers she doesn’t understand, putting marital property into a trust set up...

Read More ›

Privacy Rights Thwart Paternity Claim

By Doug Chalgian on January 22, 2022

  This is a published decision about DNA and paternity.  In short, when someone wants to establish their biological relationship to a dead person, the scope of individuals...

Read More ›

COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist

By Doug Chalgian on January 18, 2022

In this recently released unpublished opinion, Spouse A is conservator over Spouse B.  Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...

Read More ›

“F Principle” and Other Things I Say

By Doug Chalgian on January 7, 2022

  I’m lucky to be busy – so I get to tell potential clients what I really think of their cases.  And what litigation is really like.  Some...

Read More ›

2021 Ends Well for Tato the Dog

By Doug Chalgian on December 30, 2021

  This post is unrelated to probate or elder law. While reading newly released cases from the Michigan Court of Appeals, I saw this case:  In Re Tato. ...

Read More ›

Doug Chalgian

About The Author: Doug Chalgian

I 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.