When a loved one passes away, their will can be a point of contention. Hopefully, your loved one worked with an experienced estate planning attorney to create his or her will, and the will is valid in the state of Michigan. But, sometimes, things go wrong. If you believe a will to be invalid, it is important to reach out to an estate planning attorney. This can be a stressful situation, as you are mourning a loss, but it is important to get these issues resolved right away. Read on to learn more about contesting a will in Michigan.
What are Some Reasons One Might Contest a Will?
There are a few reasons one may attempt to contest a will. Someone may contest a will if he or she believes 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. Below are the reasons a will would be found invalid:
- 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
- If fraud or forgery took place
What Makes a Will Valid?
In Michigan, you must be 18 years or older, and have sufficient mental capacity. Sufficient mental capacity is defined as:
- The person creating a will understands that a will determines how their assets will be distributed upon their death.
- They know what property they own.
- They know who their close relatives are, including spouses, children, etc.
- They have a general understanding of what they are signing.
What Happens if a Will is Contested?
If the court agrees that the will is invalid, the document may be thrown out. If there is no other will, the deceased individual’s assets can be distributed by the state of Michigan through a succession plan.
If you believe that a loved one’s will is invalid, reach out to our firm to discuss your case. We understand that the last thing you want when mourning the loss of a loved one is a legal battle. Our firm will work to resolve your matters as quickly as possible.
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.