When a loved one passes, family disputes over the decedent’s estate can emerge unexpectedly. Although it generally is preferable to resolve such conflicts outside of the courtroom, litigation is sometimes necessary.
While it’s always beneficial to settle disputes outside the courtroom, litigation in the form of a will contest is sometimes the only way forward.
The experienced probate and trust attorneys at Collens Estate Law understand the emotional and financial strain contesting a will can have on the family dynamic. With this in mind, we’ll work with you to resolve conflicts outside of litigation, or we can provide you with skilled representation in probate court should the matter advance to trial. In either scenario, we’ll be on your side from day one—helping you achieve your desired outcome with efficiency and effectiveness.
A will serves as a deceased person’s directive for how they wish and intend for their assets to be distributed after death. If you wish to challenge or defend the legitimacy of a will, or the provisions or stipulations within, you must follow the legal process established by Michigan’s Estates and Protected Individuals Code (EPIC), which provides the legal framework, including rules and procedures, for doing so.
Whether you are contesting or defending a will, it is important to work with an attorney with experience and expertise in Michigan probate law to avoid serious problems and unintended consequences.
Schedule a consultation with one of our experienced attorneys to discuss your legal needs and get personalized advice. Call (248) 545-2500.
Disputes can develop among even the closest family members in the difficult months following the loss of a loved one. These disputes can arise for a number of reasons, including the proper distribution of assets, ambiguous wording in the will, a failure to leave anything to children who joined the family after the will was drafted, the belief that the decedent was not legally capable of drafting the will, and more.
Whether your will contest involves the distribution of significant financial assets and complex holdings or a dispute over the decedent’s house and personal property, Collens Estate Law can help. We understand how emotional will contests can become if not handled efficiently and effectively.
Legal standing in Michigan probate is limited to an “interested person,” meaning a person who has a property right in or claim against the estate and would stand to benefit financially if the will were to be deemed invalid. In the absence of proper legal standing, courts will dismiss a challenge to the will at the outset, no matter how persuasive the substantive grounds might be.
To contest a will, evidence must support one or more of the following legal grounds established by Michigan law:
For a will to be deemed valid, the testator (the person making the will) must have exhibited sufficient mental, or testamentary capacity upon its creation. This requires the testator to:
Probate courts in Michigan have upheld wills developed by people with cognitive conditions including early dementia when evidence indicated they understood the fundamental components of said will upon execution.
A will that is challenged on testamentary capacity requires witness testimony verifying the mental state of the testator, medical evidence, and on occasion expert analysis from members of the medical community who can assess capacity in retrospect based on recorded documentation.
According to the laws of Michigan probate, a will can be contested based on undue influence. This occurs when someone (an influencer) exerts improper coercion or pressure to overcome the free will of the testator, influencing this person to sign a will against their wishes—one that the testator would not otherwise have made and that benefits the influencer.
An assertion of undue influence in Michigan probate court arises when evidence proves:
In Michigan, a will can be contested on the grounds of fraud if the testator was deceived or tricked into signing it, or if someone misrepresented the contents of the will, making the testator believe they were signing a different document. Making false statements that could influence a testator’s decisions about asset distribution is also considered a form of fraud. Clear and convincing evidence must be presented in Michigan probate courts to establish fraud when contesting a will.
A will can also be contested on the grounds of forgery if there’s an assumption that the testator’s signature was falsified or that the will was altered after it was signed. Substantiating forgery claims in Michigan probate courts typically requires handwriting analysis, forensic document examination, and expert testimony.
Contesting a will based on improper execution means that it wasn’t properly signed or witnessed as required by Michigan probate law. In order for a will to be valid, the document must be in writing, it must be signed by the testator (or by another person at the testator’s request and in their presence), and it must be signed by at least two persons who witnessed the testator sign.
Under Michigan’s “harmless error” doctrine, probate courts can excuse technical defects and minor flaws in execution as long as there’s convincing evidence indicating the document was intended as the testator’s will.
While Michigan probate courts recognize handwritten, or holographic, wills, all material portions (the substantive parts of the will) must be in the testator’s handwriting and signed. Although wills of this nature don’t require witnesses, they often face a higher level of scrutiny.
Based on Michigan probate law, a will is revoked when the testator develops a new valid will that specifically invalidates earlier versions. In the event that a newer binding will is revealed, it supersedes previous versions.
Partial revocation is also recognized by Michigan probate courts. This enables testators to revoke or amend portions of their wills through proper procedures. When a will contest involves partial revocation, establishing which provisions remain valid becomes a main concern.
Have questions? Our our probate attorneys are ready to help.
Will contests in Michigan probate court are subject to strictly enforced time limits. Interested persons normally must file contests within:
In the event of fraud or concealment, limited exceptions exist. For example, if a person concealed the death or the existence of a will, the deadline may be extended.
Contesting a will most often begins with an initial investigation, which helps determine if sufficient grounds exist to validate the cost and time to move forward in Michigan probate court. This usually involves:
Formal probate is usually the best option for large, complex estates or if there are disagreements with respect to the will, trust, or the appointment of a personal representative.
A formal contest is initiated by tendering the following documents with the probate court in the county where the decedent resided or owned property:
Discovery is a stage that allows both sides to collect information and evidence from each other. Particularly important for obtaining evidence relevant to capacity and undue influence, discovery generally involves a number of essential processes, including interrogatories, depositions, and requests for records and documents.
Settlement negotiations are encouraged in Michigan courts to address legal issues and resolve disputes without the need for a trial. This typically involves pre-trial motions such as:
If pre-trial motions or negotiations are not successful, the case goes to trial. This may take place before a lone judge or before a jury if requested by any party.
In Michigan probate court, it is the contestant’s burden to prove a will is invalid, although the standard of proof differs based on the particular issue. For example:
Similar to the procedures followed in other civil trials, Michigan probate trials include opening statements, presentation of evidence, witness testimony, and closing arguments.
When a probate trial has completed and a verdict has been rendered, the losing party has several options, including:
Keep in mind that filing an appeal can be a costly and complex process. Additionally, Michigan’s appellate process for probate matters can add approximately 12 to 18 months to the overall dispute resolution.
Have questions? Our our probate attorneys are ready to help.
The cost for probate in Michigan varies depending on the size and complexity of the estate and the length of the probate process, as well as a number of other expenses (typically paid out of the estate). These include:
Michigan adheres to the American rule with respect to attorney fees. This means that each party generally covers their own legal expenses regardless of the result. However, if a contestant establishes that the proponent’s actions were in bad faith or unreasonable, the court may award attorney fees and other expenses to the contestant.
In Michigan, there are several less adversarial alternatives to formal will contests, including:
Faster and less expensive than formal probate, informal probate is a streamlined process that can occur when there are no significant disputes about the will or the appointment of a personal representative.
Attempted mediation is now required by many Michigan probate courts before proceeding to trial. Known as facilitative mediation, a neutral third party helps disputants negotiate mutually acceptable settlements.
Family settlement agreements are recognized by Michigan probate courts as valid means of resolving will disputes without court determinations of validity. Such agreements require consent from all interested parties and full disclosure of relevant information.
We invite you to learn more about contesting a will in Michigan probate court and how our highly skilled attorneys can guide you through the complex process. Simply call 248-630-3493 or send an email to arrange a free consultation.