Are You Set To Contest A Will Or Trust?
You may believe that contesting a will or trust is the right thing to do out of respect for the deceased person’s wishes. Or you may simply be a beneficiary or creditor seeking to recover assets due to you from someone’s estate.
Whatever your goals are, a consultation with an experienced, established probate law attorney is the best place to start. At Gudeman & Associates, P.C., we bring deep knowledge of probate laws and trends in probate courts to the table. Our attorneys can evaluate your case efficiently and confidently and recommend the next steps.
Criteria For Challenging A Will Or Trust
You may be able to contest a will or trust, or challenge the administration of an estate when no will or trust has been found if you are a “disinherited or disadvantaged” heir or beneficiary of an estate. In other words, if you will unjustifiably lose out if you fail to contest the will or trust, you likely have legal standing to do so.
To succeed with your will contest or legal challenge to a trust, you and your lawyer may need to demonstrate that:
- The will or trust was not signed correctly according to Michigan’s probate and estate laws.
- The person who signed it lacked the capacity, possibly because of dementia or the influence of strong medications.
- Someone exerted undue influence on the person who created or signed the will or trust regarding their own estate.
- The will or trust came into being through some type of fraud. For example, the person may have believed they were signing a power of attorney when, in fact, they were updating their will or creating a trust without understanding what they were doing.
The burden of proof for any of these assertions can be steep, but our attorneys are up for the challenge of finding evidence and preparing compelling arguments to support your position.
Contact Us To Bring A Will Contest Or Defend An Estate
Perhaps you are on the opposite side of the situation: You may be an executor or an heir or beneficiary with reasons to put a stop to a will contest or a trust contest. Our experience can be an asset on your side.