Contested Wills in Farmington Hills, Michigan

Find the right Contested Wills attorney in Farmington Hills, MI

In Farmington Hills, Michigan there are certain procedures allowing certain people to challenge the validity of a will. This is known as a "will contest" or "contested will."

Occasionally, testators leave out of their wills people who might naturally expect to inherit a significant 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 large 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.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.

When Can a Will be Contested in Farmington Hills, Michigan?

A court in Farmington Hills, Michigan will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

For instance, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

So, you've succeeded in contesting the validity of a Farmington Hills, Michigan will. What happens to the property that was going to be distributed according to its terms? Generally, 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." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically 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. Therefore, the old will can be given effect.

Can a Farmington Hills, Michigan Contested Will Attorney Help?

Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a reputable Farmington Hills, Michigan wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Farmington Hills

Farmington Hills is located in southeastern Michigan. It is hte largest city in Michigan's Oakland County. Per the 2010 census, the population is around 79.740 people. Farmington Hills is known as an upscale area, and is also located very near the affluent area of Ann Arbor.

The top employers include Botsford Hospital, the school district, Bosch, Quicken Loans, Gale, TD Auto Finance, Aditya Birla Minacs, TRW Automotive Electronics, ACO Hardware, and Nissan Technical Center North America.

Farmington Hills is also home to some attorneys who residents often turn to for thier legal needs. Ann Arbor is also home to many law firms that practice in almost all areas of law, that train their attorneys to always litigate and act in the best interest of their clients.

Some famous residents include Steve Ballmer, Keith Benson, Elizabeth Berkley, Cam Fowler, Al Jean, Bill Joy, Drew Stanton, Fred Toucher, and Fred M. Warner.

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