Probate litigation in Michigan can be complex and nuanced. While every attempt is made to resolve issues out of court, it is often necessary to bring matters before the State. With more than 30 years of experience in Michigan probate courts, you can trust the probate litigation attorneys at Collens Estate Law.
Upon the death of a loved one, disputes among family members can arise unexpectedly. Experience tells us that it is best to attempt to resolve these conflicts prior to litigation. Unfortunately, sometimes litigation cannot be avoided.
In either case, the probate attorneys at Collens Estate Law, can help. We will work hard for resolution outside of trial, but we are just as skilled in obtaining favorable results if the matter advances to probate court.
Legal disputes that arise during the administration of estates, trusts, guardianships, and conservatorships are subject to probate litigation.
In many situations, these cases involve both large financial assets and personal family matters. According to the Michigan Supreme Court Administrative Office, these types of cases have increased in the last five years by 25%. The average time to resolve these cases falls between a year and two years.
Probate Disputes are commonly caused by:
There are a number probate issues which may require going before the Michigan courts.
These types of probate litigation represent some of the most contentious disputes. However, the Michigan court system requires clear and convincing evidence before a will or trust can be overturned while protecting against fraud or exploitation in the process of honoring a person’s final wishes.
In creating a will, Michigan Law requires:
The Courts will examine several factors, including:
Some common types would include:
Some Technical requirements could include:
Trust disputes are often more complex than contests of wills. Michigan’s Trust Code lays out specific procedures for matter resolution in these cases while protecting party interests.
Key issues could include:
Claims against trustees, personal representatives or estate managers who do not meet their legal duties may be subject to a Fiduciary litigation. These roles have strict legal standards imposed by Michigan law.
Breach of Duty Claims:
Personal Representative Disputes:
These protective proceedings require a delicate balance between preserving individual rights and ensuring the care needed. The Michigan courts prefer limited arrangements to maintain independence.
Key aspects include:
Often involving the protection of vulnerable adults from exploitation. Elder law litigation also respects their independence. These cases also can frequently overlap with other matters in probate.
Refers to a legal claim a surviving family member(s) files on behalf of a deceased family member against another party.
Those claims can conclude that the deceased’s death was caused by negligence and/or the wrongful actions of a party.
The wrongful death claim is a civil suit allowing the family to seek compensation from the probate court where the deceased’s estate is administered for any losses.
Key points:
Contentious family relationships are often the cause of probate disputes. Understanding these dynamics will help to prevent and resolve conflicts effectively.
Contributing factors:
Complex financial situations frequently trigger litigation. Professional evaluation often helps resolve these disputes.
Common issues:
Carefully evaluating medical evidence and circumstantial proof are needed to answer questions about mental capacity and undue influence.
Some key considerations:
All professionals engaged in estate matters face potential liability for and mistakes or misconduct. Michigan courts hold these practitioners to high liability standards, especially in the areas of :
Areas of liability:
Early recognition of potential problems helps prevent escalation and protect rights.
Watch for:
Obtaining experienced professional legal help, like Collens Estate Law, can provide you with some significant advantages in probate litigation.
Some of the key benefits:
Strategies that prevent probate litigation will save you time and money and potentially heal relationships. Reducing litigation risks requires careful and skillful planning and communication.
Our Best practices:
To fully manage your expectations and prepare thoroughly and effectively for your case, you need a full understanding of the legal process.
Key stages include:
You can expect significant costs, which will vary depending on the complexity of the case and its duration.
Typical expenses include:
Successfully navigating probate litigation requires understanding legal requirements, family dynamics, and available resources. Early intervention and professional guidance often lead to better outcomes.
Key takeaways:
We advise you call Collens Estate Law for any assistance with probate litigation matters.
