Kalamazoo Probate Attorney
Probate is the legal procedure to ensure that a will is executed properly and that any disputes are made properly. Through probate, the court provides an opportunity for interested parties to object to a will. At Michigan Estate Lawyers, our attorneys take a strategic approach to protect our clients' best interests through probate litigation and will aggressively defend your interests, either as a plaintiff or defendant.
Our law firm is dedicated to a Christian model of service with a mission to protect clients as they make the best decisions for their family and future. Let us guide you with dignity and discretion.
Call 866-473-5636 or contact us by e-mail for a free consultation with a Grand Rapids probate litigation attorney.
Do I Have the Right to Contest a Will?
To be entered in a will contest, the court must be persuaded that you are a person with standing. "Standing" simply means that you have the right to bring your claim to the court. In a will contest, an individual with standing is:
- A beneficiary of the will
- A person not named in the will who should have been named, or
- A person who would have been named had there been a will
"I will definitely refer any friends and family that need your services directly to Michigan Estate Lawyers, Attorneys & Counselors, for the most meticulous and well-researched representation they will find. It is a wonderful feeling to place one's legal concerns into the hands of a law firm that is fair, respects the client and works diligently to bring all matters of interest to a beneficial close ... My sister and mother send a huge thank you for assisting them also. I am eternally grateful to you all ... Michael, Debra and Jessica. You are a great team!" — Jacqueline, October 2009
See what others are saying about our firm.
Grounds for Contesting a Will
- Incapacity: For a will to be valid, the decedent must have been of sound mind when the will was made. A finding of incapacity usually requires proof that when the will was drafted, the decedent was mentally ill, under the influence of alcohol or under the influence of drugs.
- Undue influence: A valid will is made by a person (the testator) who is freely exercising his or her own judgment. If the decedent made the will according to the wishes of another person, the will may be invalidated on the grounds of undue influence. Examples of this include coercion, duress or fraud.
- Improper execution: A valid will is created and executed in compliance with Michigan law. The will must be in writing, signed by the testator or in the conscious presence of the testator by a representative, and signed by at least two individuals who either witnessed the testator's signature or received the testator's acknowledgment of that signature.
- Forgery: A will can be found invalid if any portions of it are found to be forged, including the terms of the will, the signature of the testator or the signatures of the witnesses.
In Michigan, there are complex time limits on probate litigation. If you are considering a will contest, now is the time to take action. Our attorneys will advise you on whether your claim can be legally filed and take immediate action to protect your rights.
Probate Litigation Due to Fiduciary Misconduct
Beneficiaries or creditors of an estate may challenge the fiduciary actions of an executor or probate administrator alleging self-interest or negligence. A successful suit against the probate administrator can result in the following:
- Fiduciary removal (replacement of the administrator)
- Surcharge actions against the administrator
In addition to plaintiff's actions, we also defend executors and other probate administrators against claims of misconduct, and our attorneys prosecute claims on behalf of beneficiaries and creditors of the estate.
For a free consultation, please call our Grand Rapids, Michigan, lawyers toll free at 866-473-5636 or contact us by e-mail to submit a question about your case.
Grand Rapids Office
Kalamazoo Office
Paw Paw Office
