Contested Wills in Midland, Michigan

Find the right Contested Wills attorney in Midland, MI

In Midland, 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 normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If there is a large 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, 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 Midland, Michigan?

A court in Midland, 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, 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 significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Midland, Michigan might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, usually passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Typically, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Midland, Michigan Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Midland, Michigan attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Midland

Midland, Michigan is a city located in Midland County, of which it is the county seat. A 2008 Census estimate places its population at about 40,000 people.

Midland, Michigan and the surrounding areas are home to many sites of historic and cultural interest. For example, the Midland Center For The Arts is a facility offering visitors hands-on activities having to do with art, science, and technology. Additionally, there are two large auditoriums allowing for performances by symphonies, operas, and drama companies.

Midland is also the city where the Down Chemical Company was founded, and that company still has a strong presence in the area. It sponsors a museum which shows the history of the region and the company, and sponsors many other non-profit organizations.

Midland is also home to many parks, providing for recreational activities such as hiking, boating, fishing, and bicycling.

If you live in Midland, Michigan and need an attorney, the odds are very good that you'll be able to find one. Midland, Michigan attorneys are capable of helping people with almost any type of legal issue, whether it's starting a business, buying a home, adopting a child, or anything else. If you need legal help, you should get in touch with a Midland, Michigan attorney as soon as possible.

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