Michigan Inheritance Attorney

When someone passes away in Michigan, state law and the probate court system will control the distribution of their estate. The assets of an estate are generally referred to as “inheritance”, and ideally the distribution of these assets will be listed within a will or trust. When an individual passes away without a will in Michigan, also known as intestate, their assets will be distributed to legally recognized beneficiaries according to intestacy succession law.

Passing away without a will can obviously cause serious complications for beneficiaries of the estate, with disputes commonly occurring as to who has the rights to certain assets. Even with a proper will, disputes can and do occur between beneficiaries over things such as possible undue influence when the will was drafted. It is for this reason that working with an attorney specializing in probate and inheritance law is important whenever an estate is being distributed.

Legal Disputes Over Inheritance

Legal disputes over inheritance of the decedent is commonly known as estate litigation. These cases generally involve legal action concerning a will or a trust, or in the event those are not present, a dispute through the court system. Even with the best of intentions on the part of the deceased, family members and beneficiaries are often unhappy with certain aspects of the will or trust. Because of the complicated nature of these disputes as well as the potentially large value of assets involved, it is vital that interested parties seek legal counsel as soon as possible to ensure the best possible outcome.

Common Causes for Disputes

There are many different reasons beneficiaries and family members can dispute or contest a will. The most common grounds for this include:

Undue influence – This happens when an individual takes advantage of the decedent during the drafting of their will, influencing them to change their will or trust to benefit a specific beneficiary or interested party.

Lack of capacity – This occurs when the decedent was not of sound mind when the will or trust was written. Similar to undue influence, this can be grounds for disputing the validity of a will or trust.

Improper form – If a will or trust is nor properly executed, it can be contested as invalid. As an example, if the document was not properly witnessed during the signing process, it is legally not valid.

Failure of the personal representative – If the personal representative assigned to the decedent does not properly carry out the terms of the will or trust as instructed in writing, the distribution of assets can be contested by family members and beneficiaries.

Speak with in Inheritance Lawyer

Our firm has years of experience working with clients throughout the Michigan probate process, including drafting wills and trusts as well as litigation involving them. We represent trustees, beneficiaries and other interested parties during the process and are intimately familiar with the ins and outs of the southeast Michigan probate court system.

It is for this reason that we are highly regarded as one of the most powerful allies an individual can choose for their inheritance case, both in cases involving disputes as well as drafting a rock solid will. If you or someone you know is in need of legal assistance regarding an inheritance dispute, please contact our office today to get the legal representation you deserve.