Ideally, a will should clearly express the intentions of the testator in such a way that there can be no doubt as to what his or her final wishes are. However, there are times when the language of a will is not clear, the executor makes an erroneous interpretation, or the content of the will raises concerns. When this occurs, the will could wind up in the Michigan Veritas Law Group representing both plaintiffs and defendants in probate matters.
Michigan Probate Lawyers Assisting Clients With Will Contests
There are several reasons why a plaintiff may contest a will in the State of Michigan:
Undue Influence – This occurs when a person uses his or her position of trust to manipulate the testator in making changes to his or her will. An example of this would be a nurse who convinces an elderly patient to make him or her the principal beneficiary of an estate.
Incapacity – The testator’s mental competency could be grounds for a will contest. To avoid this charge, it’s often recommended for older persons to keep records of medical visits and to make them available to the affected parties after their death.
Forgery or Fraudulent Will – If there is a belief that the will has been altered or it is an entirely fraudulent document, it can legally be contested. Having a professional Michigan probate and estate planning attorney assist with writing and recording the will can help to avoid false accusations of forgery or fraud.
Lack of Witnesses or Valid Signature – All wills should be signed and counter-signed by at least one witness. An unsigned or un-witnessed will is vulnerable to accusations of forgery.
The Will is Out of Date – A will that was written much earlier in the life of the testator may be challenged. Older wills are particularly vulnerable when family events like divorce, remarriage, new births, and adoptions occur. As a matter of course, wills should be periodically reviewed with an estate planning attorney.
The will does not comply with the Michigan Probate Code – Michigan has an extensive body of law when it comes to estates and probate. Because of this, it’s always advisable to retain the services of a reputable Michigan estate planning and probate law firm to form wills and trusts—a firm like Veritas Law Group.
Kalamazoo Law Firm Handling All Estate Planning and Probate Matters
Veritas Law Group is a full-service estate planning and probate firm. When you retain the services of one of our attorneys, we will take the time to understand your concerns and needs. We will then draft a will that is both legally sound and resistant to contests upon its execution. Our legal team stands by the documents that it produces for our clients.
We also represent clients who may have concerns about a recently deceased loved one or business associate. Our attorneys can review the facts of your case and help you determine whether or not the validity of the will, or provisions in the will can be contested in the Michigan probate courts.
Whether you are writing a will as part of a complete estate plan, or you are the plaintiff or defendant in a probate action, the attorneys at the Kalamazoo, MI law firm Veritas Law Group can help. Contact our office at 269-270-3500 to schedule an appointment.
