Contested Wills in Battle Creek, Michigan

Find the right Contested Wills attorney in Battle Creek, MI

In Battle Creek, Michigan there are specific procedures authorizing certain people to challenge the validity of a will. This is identified as a "will contest" or "contested will."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a substantial portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a considerable amount of money or property is being given away, the person left out of the will could reasonably 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 severe and irreversible damage to family relationships.

When Can a Will be Contested in Battle Creek, Michigan?

Of course, a Battle Creek, Michigan court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be really voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Battle Creek, Michigan, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Battle Creek, Michigan Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a knowledgeable Battle Creek, Michigan attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Battle Creek

Battle Creek is located in Calhoun County, Michigan. Per the 2010 census, 52,347 call people call Battle Creek home. The city's nickname is "Cereal City" because the Kellogg Company headquarters and corporate location of Post Cereals is in Battle Creek. Also, Battle Creek is the third largest city in Michigan, after Detroit and Grand Rapids.

The city's largest employers include Kellogg, Harte-Dole-Inouye Federal Center, Denso, Battle Creek Health System, Battle Creek VA Medical Center, the school district, ASMO Manufacturing, and the Michigan Air National Guard. To support these employers, as well as residents, Battle Creek is also home to law firms that train excellent attorneys who focus on providing the best legal services.

Some great sites to check out in Battle Creek is the Bailey Park C.O. Brown Stadium, Binder Park Zoo, Firekeepers Casino, Full Blast Outdoor Water Park, W.K. Kellogg Manor House, Kimball House Museum, Kingman Museum and Planetarium, Leila Arboretum, Linear Park, and Willard Beach and Park.

Overall, Battle Creek is a wonderful place to live and visit!

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