If you suspect the will your loved one left is not what they intended it to be, you may have grounds to contest their will. Contesting a will simply means that you are concerned about the validity of the document. Although this is somewhat rare, it is certainly possible, but before you can contest the will you must meet certain qualifications.
During the probate process, the personal representative (which is sometimes referred to as the executor) will inventory the estate of the deceased. Occasionally, documents or assets that the personal representative knows about may be difficult to find. A missing asset may have been misplaced over time, but problems can arise if suspicions arise between family members concerning the whereabouts of large assets.
After the loss of a loved one, few surviving family members have the energy to focus on legal issues or potential estate complications. However, lack of action or a misunderstanding of the probate process can result in probate litigation and other legal complications for grieving families. Michigan families can minimize conflict and head off any potential problems with professional assistance, a clear understanding of the types of probate and they may mean as far as the distribution of the decedent's assets is concerned.
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.
When the death of a loved one has occurred, a complex legal process may be just beginning. During this emotional transition, families should know the benefits of legal support so as to be prepared for any probate litigation situation or any other legal services that may be needed. Michigan families can ensure timely and fair handling of an estate and also support when individual issues necessitate specific services.
Even when there is a legal will in place and a family member has taken adequate estate planning steps, the family left behind may not fully agree with that will or have specific reasons to dispute the estate plan. When a Michigan family believes there is reason to dispute the distribution of assets, that family may pursue a will challenge. While each family is unique, there are a few common reasons families may choose to contest a will, and a few specific areas of a will may be subject to a will challenge.
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.
Once a loved one passes, the ensuing process of probate can either be smooth or it can be contentious and lead to family strife. With the proper guidance and legal assistance, the probate process does not have to become a probate litigation situation for grieving Michigan families. Legal assistance can help with all areas of probate and can ensure that minor details are taken care of so families can move forward.
While the importance of drafting a will can't be overstated, there are incidents where the presence of a will does nothing to stop family disputes from unfolding after a death. This can be true especially between children after the death of a parent in Michigan. A recent will challenge is making news as the former mayor of the nation's capital is caught up in a family dispute after the death of his mother.
Individuals may think they have done huge favors to their families if they have drafted legal wills. However, having a will in place and ensuring it does not end up subject to a will challenge are two different things. It is important to understand how and why a will challenge may occur and what a Michigan family should do if one or more family members do in fact challenge a loved one's will.