A valid will is an essential part of any estate plan since it outlines how an individual’s assets are to be distributed upon death. Even if it is executed in accordance with all applicable Michigan laws, that does not mean that it will not be challenged when the time comes. The dynamics of every family are unique, but there are still common threads behind every will challenge.
Relationships within a family are often complicated and in a constant state of flux. Family members get married, divorced and have children. Some family members could even predecease the maker of the will. If these changes are not accounted for in the will, disputes can arise. Furthermore, some family members could end up arguing over a specific piece of property regardless of what the will says.
There may be circumstances under which the actual wording of a will makes wishes unclear to those left behind. Changes in a will made later on may also lead to a challenge. Family members might believe that one or more people unduly influenced their loved one into making changes to the will that he or she would not have made otherwise. There could also be a question as to whether the decedent had the mental capacity to execute the will.
Regardless of why a will challenge arises, it would be beneficial to seek the advice and assistance of a Michigan attorney. Depending on whether you are the executor of the estate or an heir, your interests will be different. An attorney can review the will and the circumstances behind the dispute and advise you on how to best proceed.