Probate Litigation

Many pop culture references made it seem that will contests are aggravated in nature and have effects on the family of those involved. In reality, it’s a legal interest, not personal. If you suspect the will your loved one left is not what they intended it to be, you may

During the probate process, the personal representative (which is sometimes referred to as the executor) will inventory the estate of the deceased. Occasionally, documents or assets that the personal representative knows about may be difficult to find. A missing asset may have been misplaced over time, but problems can arise

After the loss of a loved one, few surviving family members have the energy to focus on legal issues or potential estate complications. However, lack of action or a misunderstanding of the probate process can result in probate litigation and other legal complications for grieving families. Michigan families can minimize conflict

A valid will is an essential part of any estate plan since it outlines how an individual’s assets are to be distributed upon death. Even if it is executed in accordance with all applicable Michigan laws, that does not mean that it will not be challenged when the time comes.

When the death of a loved one has occurred, a complex legal process may be just beginning. During this emotional transition, families should know the benefits of legal support so as to be prepared for any probate litigation situation or any other legal services that may be needed. Michigan families can

Even when there is a legal will in place and a family member has taken adequate estate planning steps, the family left behind may not fully agree with that will or have specific reasons to dispute the estate plan. When a Michigan family believes there is reason to dispute the

Despite the best intentions of a family member, there are many circumstances that can lead to family strife or legal disputes after a loved one has died. While every Michigan family may be vastly different, there are common reasons or mistakes that may lead a family to deal with a

Once a loved one passes, the ensuing process of probate can either be smooth or it can be contentious and lead to family strife. With the proper guidance and legal assistance, the probate process does not have to become a probate litigation situation for grieving Michigan families. Legal assistance can

While the importance of drafting a will can’t be overstated, there are incidents where the presence of a will does nothing to stop family disputes from unfolding after a death. This can be true especially between children after the death of a parent in Michigan. A recent will challenge is

Individuals may think they have done huge favors to their families if they have drafted legal wills. However, having a will in place and ensuring it does not end up subject to a will challenge are two different things. It is important to understand how and why a will challenge

One of the most vital and popular documents drafted when an estate plan is set in motion is a will. A will is important and is put in place to clearly outline a person’s last wishes regarding his or her estate. Yet, having a will may not be enough to

The name Huguette Clark may be unfamiliar to many in Michigan — or across the nation for that matter — but in the arena of estate planning and administration the name doesn’t seem to go away. The woman was a wealthy but reclusive copper heiress who passed away in 2011

The estate of an American cooper heiress has settled more than two years after her death. The woman died in May 2011 and left behind a $300 million fortune. The woman was not married when she passed and had no children. However, a will contest arose after her family –

Following the death of a loved one, families are often eager to make all the final arrangements and settle that person’s estate. This can be a long process that includes finding all the estate planning documents including the will, identifying all the heirs to the estate, dealing with life insurance

Many people prepare wills and trusts during their lifetime to help ensure their wishes are adhered to following their death. Michigan courts generally try to uphold the wishes of a decedent outlined in valid trust documents and last wills and testaments. Competency is one of the requirements for any legal

A years-long probate litigation case was settled in Kalamazoo recently, resulting in a $23 million award for the Kalamazoo Community Foundation. In his will, the founder of The Upjohn Co. requested that 2,000 shares of stock from the company be placed in a fund. Five years after his death, the funds were

According to a recent report, most victims of elder abuse know the person abusing them. Often, it is a family member or a caretaker. Elder abuse has increased since the economy has been struggling. A common form of elder abuse is financial exploitation involving the changing of a will or

For many wealthy people, setting up a charitable family foundation is a way to create an enduring legacy. When family members associated with the trust disagree, though, it can lead to probate litigation. Longtime Detroit Pistons owner William Davidson created a family foundation prior to his death so that causes

Family members need support after the death of a loved one, and estate distribution in Michigan often poses a particularly complex set of problems for grieving families. In the worst scenarios, matters such as undue influence have to be addressed in probate court. Detroit-area residents may be interested in a

A person’s death may be felt by a wide range of people, but it is usually up to surviving family members to deal with the difficult task of finalizing the estate of the deceased. This can become complicated if some of the heirs do not agree with the terms of

While families sometimes have to turn to a conservatorship in situations where a family member might be incapable of making decisions in their own best interests, these probate litigation issues can become more complicated in matters relating to a person with high level of fame – and assets. A recent

A conservatorship can be a useful tool for families who have a loved one who may no longer be able to make decisions in their own best interests. Usually these situations arise from an elderly person who may be suffering from dementia, such as Alzheimer’s disease or someone who has

The estate of former Michigan resident Jack Kevorkian recently settled with a museum over the ownership of artwork painted by notorious doctor. Having a trustworthy executor who can solve legal disputes such as these during estate administration is important. The dispute arose when the estate sued the Armenian Library and

The death of a loved one can be a difficult matter to handle. Emotions are riding high and level heads are few and far between. If the deceased is without a will to specifically advise survivors on how to distribute the estate’s assets and survivors disagree on what should happen

Michigan residents may have heard that iconic television star Sherman Hemsley, star of “The Jeffersons” passed away several weeks back. And as is rather common when a celebrity dies, long lost relatives pop up to contest the will and delay probate for whatever reasons. Such is the case with Sherman

When people in Michigan plan their last will and testament, they do so with the idea their final wishes will be followed to the letter of the law. Even though music icon James Brown’s estate plan specifically states that anyone who contests his will should not receive anything from his

Michigan readers of our blog may remember an earlier post that detailed a battle between Zsa Zsa Gabor’s daughter and her husband of 25 years over who should be the conservator of Ms. Gabor’s care and estate. Francesca Hilton, Ms. Gabor’s only child from a previous marriage, is satisfied with

With Father’s Day just around the corner we thought our Michigan readers might be interested in a story about the need to protect our elderly loved ones from a variety of threats, including dementia. The story involves the elderly father of Academy Award-winning actress Reese Witherspoon and her brother who

A lawyer is accusing a Michigan judge and two other probate lawyers of conspiracy in attempting to bilk civil rights icon Rosa Parks’ estate out of $507,000 in legal fees, according to court papers. Ms. Parks’ estate consists of several thousand pieces of civil rights memorabilia, including her personal papers,

Being named as the sole beneficiary of a relative’s estate may not be what it once was with so many properties upside down and the nation’s credit card debt at record levels. What do you do if you are willed a house in which the mortgage owed is more than