In Alma, Michigan there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."
Occasionally, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.
If a massive amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.
Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.
When Can a Will be Contested in Alma, Michigan?
Of course, a Alma, Michigan court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.
For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.
Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.
So, you've succeeded in contesting the validity of a Alma, Michigan will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.
Can a Alma, Michigan Contested Will Attorney Help?
Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled Alma, Michigan attorney can be invaluable in helping this process go as smoothly as possible.