Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
Notable BEM Changes
By Doug Chalgian on March 2, 2021
This post is about Medicaid long term care benefits in Michigan, and assumes some general understanding on the part of the reader with respect to Medicaid planning and...
COA Says Don’t “Hyperanalyze” Confusing Codicil
By Doug Chalgian on February 27, 2021
A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent. In...
25 years as a lawyer
By Doug Chalgian on February 23, 2021
This year marks 25 years in practice for me – yes, it was a second profession – so I am actually 61 years old. Do the math. These...
Lack of Diligence in Discovery Justifies MSD
By Doug Chalgian on February 20, 2021
Two siblings each petition to have a different version of Mom’s Will admitted. Through their respective attorneys, Bruce offers the 2007 Will and Jennifer offers a 2018 Will....
Crowing About David Shaltz
By Doug Chalgian on January 23, 2021
Proud this morning of my friend and colleague David Shaltz for his involvement in an important case out of Minnesota. David isn’t licensed there, but he was allowed...
Update
By Doug Chalgian on January 6, 2021
In the past few weeks, I’ve interrupted your day with posts about electronic wills and video cameras in nursing homes – now I have to interrupt you again...
Thanks For Reading – Happy New Year
By Doug Chalgian on December 28, 2020
Time flies. Another year of practicing law. Another year of blogging about ageing, probate and elder law. 2020 was the year of COVID and also a year of...
Nursing Home Video Surveillance Heading to Gov
By Doug Chalgian on December 21, 2020
NOTE: THE LEGISLATION WAS VETOED BY THE GOVERNOR AND DID NOT BECOME LAW. Unless the Governor vetoes the bill, at some point in the future, Michiganders will...
COA Delivers Lump of Coal to Medicaid Planners
By Doug Chalgian on December 18, 2020
In the combined cases of Schroeder v DHHS and Almy v DHHS , the Michigan Court of Appeals’ imposes severe punishment on the use of probate court protective...
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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. |