“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...
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...
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In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information...
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...
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...
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In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...
“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...
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. ...
![](<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
- 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 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. |