In Ludington, 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 normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.
If there is a considerable amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.
Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.
When Can a Will be Contested in Ludington, Michigan?
There are many reasons that a Ludington, Michigan court might hold a will to be invalid.
To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or 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 valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.
If a Ludington, Michigan will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.
Can a Ludington, Michigan Contested Will Attorney Help?
Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A knowledgeable lawyer in Ludington, Michigan can be very helpful in making sure that this process goes as smoothly as possible.