When a family member dies with a simple Will, or with out any advanced plan, the attorneys and staff at Smith and Mabley, PLC, can help the family understand and comply with the numerous requirements of the Michigan probate law.
An individual does not have to die for a probate procedure to be needed. Illness or aging which causes incapacity can result in the need for someone to help oversee and manage hard-earned assets. At Smith and Mabley, we help our clients navigate through the numerous requirements of Michigan probate law and court rules in establishing and administering guardianships and conservator ships. We also have the knowledge and experience to assist families from other states to probate the estate of a family member in Michigan probate courts.
Thank you for contacting Smith & Mabley, PLC. Your message has been sent.
Call us now
or use the form below.
At Smith & Mabley in Farmington Hills, Michigan, we understand the emotional issues involved in the administration of an estate and any subsequent probate matters. We strive to find resolution, but do not shy away from aggressive litigation if it is in our client's best interests.
Contact an estate planning lawyer at Smith & Mabley today to learn more about probate and estate administration. You can send us an e-mail or call us at 866-975-9915. Too much is at stake when a family is in chaos over a mismanaged estate or a snubbed family member causing dissension. We can help you find legal resolution and emotional closure.
Will Contests
The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.
If you believe a will is invalid, or if someone is challenging a will you are administering or benefiting from, you should contact an attorney with experience in will contest cases. Smith & Mabley can assist you with this type of difficult and emotionally-charged case, and can advise you on the best way to proceed under Michigan law.
Grounds for contesting a will include:
- Later Will. If a later will was made, and the making of the will conformed to the necessary legal requirements, then the later will replaces the earlier will.
- Incapacity. A valid will requires that the decedent was of sound mind at the time the will was made. The "sound mind" requirement typically requires that at the time the will was made, the decedent had the ability to generally understand the nature and extent of the property to be disposed, his or her relationship to those who would naturally claim a benefit from the will, and the practical effect of the will as executed. Proving that the decedent was mentally ill or under the influence of alcohol or drugs at the time the will was made are ways to establish incapacity.
- Undue Influence. If at the time the will was made, the decedent did not exercise his or her judgment in making the will, but rather made the will according to the wishes of another, the will may be found invalid on the grounds of undue influence. Coercion, duress and fraud are examples of undue influence.
- Improper Execution. A will must be properly executed in order to be valid. This requires that the creation and the execution of the will conform to the state's requirements, which can include the will having to be in writing and signed by the person making the will (the testator) and that the will be witnessed or notarized.
- Forgery. A will can be found invalid if any portion of the will, including any terms of the will or the signature of the testator or the witnesses, are determined to be forged.
There is a limited amount of time set by state statute to challenge the validity of the will on one of these grounds. If the validity of a will is successfully contested, the probate court may:
- Disallow only that part of the will that is successfully challenged
- Admit an earlier valid will (if one was made) in its place
- Determine that the decedent died intestate and distribute the assets according to the state's intestate succession laws, which are the legal default rules for estates without a will
Conclusion
The consequences of a will contest are significant for all of the parties involved. If there is the possibility of a will contest, contact an attorney experienced in probate and estate administration at Smith & Mabley in Farmington Hills, Michigan to ensure that your rights are protected throughout the process.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
