Contest a Will in Kalamazoo and Grand Rapids
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Lawyers who shoulder with their clients in probate litigation
When a Michigan will goes through probate, the court must provide an opportunity for interested parties to object to the will. Willis Law, Attorneys & Counselors, aggressively litigates will contests on behalf of its clients, both plaintiffs and defendant.
Grounds for contesting a will
For you to be entered into a will contest, the court must be persuaded that you are a person with standing:
- A beneficiary of the will
- A person not named in the will who should have been named
- A person who would have been named but there is no will
There are several valid grounds for probate litigation.
Later will
If another will is revealed, and it was made later than the will undergoing probate, the court must examine the later will and assess its validity. If it is found to be legally valid, then the later will replaces the earlier will.
Incapacity
For a will to be valid, the decedent must have been of sound mind when the will was made. This means that the decedent was able to understand the following:
- The nature and extent of the property to be disposed
- His or her relationship to persons who would expect to benefit from the will
- The practical effect of the will when executed
A finding of incapacity usually requires proof that when the will was drafted, the decedent was the following:
- Mentally ill
- Under the influence of alcohol
- 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 the following:
- Coercion
- Duress
- Fraud
Improper execution
A valid will is created and executed in compliance with Michigan law. The will must be the following:
- In writing
- Signed by the testator or in the conscious presence of the testator by a representative
- 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 following:
- Terms of the will
- The signature of the testator
- The signatures of the witnesses
In Michigan, there are complex time limits on probate litigation. Willis Law, Attorneys & Counselors, has experience with every type of will contest, and advises you whether your claim can be legally filed. The attorneys litigate on behalf of plaintiffs with an interest in the will, and they work with executors to defend valid wills.
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
Willis Law, Attorneys & Counselors, defend executors and other probate administrators against claims of misconduct, and the attorneys prosecute claims on behalf of beneficiaries and creditors of the estate.
Grand Rapids, Kalamazoo probate litigation
Willis Law, Attorneys & Counselors, ensure that your rights are upheld in the probate process. To get legal advice on probate litigation, a will dispute or will contest Grand Rapids or Kalamazoo from a lawyer in Southwest Michigan, please contact us toll free at 866-473-5636 or submit our online email form.
