Testators creating their estate plans often spend a lot of time thinking about who to name as their executors. If they don't name someone, the probate courts may choose an individual to handle probate matters and the distribution of someone's assets. Being an executor...
Probate Litigation
Challenging a will in Michigan
Probate litigation is straightforward when no one at court contests a will. Michigan gives its residents the right to expose errors or flaws in a person’s will. These examinations only happen once the estate owner who wrote the will dies. Be it in the eyes of spouses...
The enforceability of no-contest clauses in Michigan
When a beneficiary named in a will believes that all or a part of a will is invalid, he or she generally has the right to file a will contest. The courts will then use their discretion to decide whether to hear the dispute or not. However, beneficiaries lose this...
What are the common reasons to contest a will?
Like many other Michigan residents, you may think that a will is set in stone and that once it goes through the probate system, there is nothing you can do to challenge its terms. In many cases, you would be correct. However, in some instances you may be able to...
What happens during probate?
Probate is the process of proving a will's validity and distributing assets to heirs. It can often be a complex process, especially when the deceased owns a lot of property or has a number of assets in his or her name. The Balance explains what you can expect...
How long does probate take?
If you have a loved one that passes away, you probably want to wrap up his or her estate as quickly as possible. It can be tough to have to deal with the aftermath and the financial aspects of a person's life. Things may feel slow going, especially if the estate has...
What is a living will?
The term “living will” is actually not a will in the way people in Michigan understand it. Wills go into effect after a person passes away. However, as FindLaw explains, people often choose to compose living wills to handle their medical treatment in case...
How do I know if a will was composed under undue influence?
Some Michigan residents may look at a will composed by a parent or an elderly relative and believe something is not right about it. Perhaps the will cuts a family member out of the inheritance or specifies that someone outside the family, somebody you are not familiar...
What is conservatorship?
In Michigan, there is a process that allows you to help out someone else who can no longer make his or her own decisions. This process, according to the State Bar of Michigan, is called conservatorship. It is only used when an adult becomes incapacitated....
How can a will be contested?
If you have ever had to deal with the passing of a loved one in Michigan, then you probably had to deal with a will. In many cases, the will is read, the property and assets distributed and the estate is settled fairly easy. However, there are some times when someone...