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In Michigan, will contests can surface even with a meticulously crafted estate plan. Challenges may stem from questions about the validity of the will, allegations of undue influence, or disputes among potential heirs. Michigan’s legal statutes on wills present their own complexities.
At L.A.H Law PLLC, our experienced lawyers are adept at handling these nuanced legal matters, providing invaluable support. It’s imperative to engage a proficient estate litigation attorney to navigate these complex issues.
A contested will is a legal issue that arises when there’s a dispute or challenge regarding the validity of a deceased person’s will. This situation goes beyond the standard probate process, as it involves legal contention over issues such as the will’s authenticity, the mental capacity of the testator, or the presence of undue influence.
Michigan courts engage in resolving these will contests, aiming to confirm the true intentions of the decedent and ensure the legal distribution of their estate, in line with both the will’s directives and state laws.
Contested wills are designed to address disputes that arise during the probate process. Under Michigan law, a will may be contested on specific grounds including,
Lack of testamentary capacity: The testator must be of sound mind when creating the will.
Undue influence: The will was created under pressure from someone for their own benefit.
Fraud: The testator was deceived about the nature of the document or its contents.
Improper execution: The will does not meet the legal formalities required by Michigan law, such as being in writing, signed by the testator, and witnessed by two individuals.
Revocation: The testator may have revoked the will through a subsequent will or physical act.
Michigan probate courts address these contests through litigation, where evidence is reviewed and determinations are made to uphold the will’s validity or, if it’s invalidated, to distribute the estate according to alternate legal directives.
The expenses involved in contesting a will in Michigan can vary widely, influenced by the complexity of the case, the lawyer’s expertise, and the pricing approach they adopt. Costs might be structured as a flat fee, with a range generally from $1,000 to $5,000 or more, or on an hourly basis, with rates often falling between $200 to $500 or more per hour.
Our law firm recognizes the significance of will contests and provides free initial consultations. We offer transparent and fair pricing for our services post-consultation; will contest legal services generally billed at $300 per hour.