In North Muskegon, 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."
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 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, 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 North Muskegon, Michigan?
A court in North Muskegon, Michigan will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.
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.
A will can also be rejected 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 example) at the time the will was made, the will can still be invalidated.
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 North Muskegon, Michigan, and held to be invalid, this usually 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 North Muskegon, Michigan Contested Will Attorney Help?
Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a good North Muskegon, Michigan wills and estates attorney can minimize these problems, and make the process as painless as possible.