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 successfully contest a will.
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 during the process, so you and your family will be properly prepared.
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 to go through probate. If this is your situation, then you probably wonder just how long it takes to get through the process in a Michigan court.
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 they are unable to make decisions for themselves. Usually, a living will is intended to address treatment issues in cases of permanent unconsciousness or a terminal state.
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 with, will get a large share of the assets. If a will seems suspicious to you, there is the possibility that the will was composed under undue influence.
After a loved one dies in Michigan, his or her estate goes into probate. Probate, according to the Nerdwallet, is the process of legally recognizing the validity of a will and distributing the property according to the wishes of the deceased. If there is not will, this process can help with ensuring assets are properly distributed and any other issues are cleared up. Probate can be quick or it can take time.
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. Conservatorship requires that a person cannot make decisions for him or herself. They either do not have the ability to do so or are not mentally able to do so.
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 is not happy with a will and wants to contest it. According to Consumer Reports, anyone who is in the will, who could inherit from an estate or who was mentioned in a previous draft of the document can contest a will.