Contested Wills in Portage, Michigan

Find the right Contested Wills attorney in Portage, MI

In Portage, 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Portage, Michigan?

There are several reasons that a Portage, Michigan court might hold a will to be invalid.

For example, 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.

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 truly 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.

If a Portage, Michigan will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, 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 Portage, Michigan Contested Will Attorney Help?

Contesting a will is often difficult, and never fun. However, the whole process can be made more bearable if you have the help of a qualified Portage, Michigan attorney, and the process will probably be much more manageable.

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

Life in Portage

Portage is a Kalamazoo County city that incorporated as an official Michigan State city in 1963. There are roughly 45,000 Michigan State residents living in Portage which is known nationally for its fantastic network of well kept historical parks, trails, and other recreational areas. The bikeway system, constructed in 1989, totals over 50 miles long accessing nearly every portion of Portage. That's over five times the length of the city's expressways! The Kalamazoo Air Zoo, an aviation museum, is a popular attraction for visitors. Great restaurants like the Craftsman Chop Company, Fieldstone Grill, and Bravo Restaurant Café attract tourist and local clientele with their outstanding dishes. There are also plenty of chain restaurants within city limits. Shopping is also a Portage attraction. The Crossroads Mall is the largest retail center in all of Southwest Michigan providing shoppers with a wide range of choices. Some visitors opt to stay in the accommodations near the mall but there are also a number of other locally owned hotels available.

Portage serves as a somewhat major distribution center as a result of affordable warehousing and convenient location along major state highways. So much business is sure to attract plenty of professionals like lawyers. Portage lawyers can help you sort out whatever legal issue you may encounter and they also have experience with local Portage, Kalamazoo County, and Michigan State court procedures. Portage is a destination for so many different things like business and pleasure making it quite the rising star attraction in the State of Michigan.

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