Despite the best intentions of a family member, there are many circumstances that can lead to family strife or legal disputes after a loved one has died. While every Michigan family may be vastly different, there are common reasons or mistakes that may lead a family to deal with a will challenge after a loved one has passed away. The loss of a loved one may create an emotionally charged situation, and adding legal complications to the mix may be a situation most families may want to avoid altogether by working ahead of time to avoid a will challenge.
One reason a will challenge may occur is that the expressed wishes of the loved one may not be entirely clear. This can occur even if a will is otherwise legal and documented. Specific assets may have been overlooked, or some family members may not be happy with the distribution of those assets.
Other reasons a will challenge may be possible can relate to changes in a family, changes that were never considered after a will was drafted. There are circumstances under which new children come into the family or step-children come into the picture, yet a will is not updated accordingly and those children are left out completely. Another common reason may be the belief that the person drafting the will was not legally capable of making those important decisions at the time, or perhaps that person was subjected to undue influence in executing the will.
A will challenge can be financially and emotionally distressing. In Michigan, proper legal guidance can help ensure a smoother process and one with less contention overall, whether the resolution is through negotiation or litigation. Our website has more specifics about a will challenge and how the assistance of a probate and estate administration attorney can help.