There are many situations that can cause an individual to contest a will in Michigan. Read on to learn more and do not wait to reach out to our skilled firm today to speak with a Washtenaw County wills attorney. Our legal team is on your side.
What is a valid will in Michigan?
There are many moving parts that go into making a will valid. A valid will abides by the following guidelines:
- The testator must be at least 18 years old and of “sound mind and memory”
- The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
- At least two people must witness the signature and sign their names on the will within 30 days of each other
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
Why would I contest a will?
An individual may want to contest a will for a number of reasons. A person can contest a will if he or she finds that there is an issue with the validity of the will, they did not get a fair share, etc. A will can be contested by the executor of the will, any heirs, spouses, creditors, or anyone else with a property right or claim against the estate. Here are some of the most common ways a will can be found invalid:
- In the event that fraud or forgery took place
- If it was created under the influence of another party
- If the deceased was not mentally competent when writing the will
- If the will was not executed properly
What can happen if the will is invalid?
A Michigan court will throw the will out if it is deemed invalid. If there is no other will, the deceased individual’s assets will be passed on through the Michigan succession plan.
It is in your best interest to retain the services of an experienced attorney if you would like to contest a will. Our legal team understands that after the passing of a loved one, litigation is generally the last thing you would like to go through. Our Washtenaw County estate planning attorney is on your side and is here to help you handle all of your estate planning needs.
Contact our Firm
Sometimes, divorce, family, and estate matters are difficult to navigate. Fortunately, they do not have to be with the assistance of a compassionate, knowledgeable attorney who is willing to guide you every step of the way. If you need a seasoned firm to help you with any divorce, family or estate-related matter, please do not hesitate to contact Collis, Griffor & Hendra today to schedule a consultation.
