Contested Wills in St. Clair Shores, Michigan

Find the right Contested Wills attorney in St. Clair Shores, MI

In St. Clair Shores, Michigan there are particular procedures permitting certain people to challenge the validity of a will. This is recognized 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 massive 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 St. Clair Shores, Michigan?

Of course, a St. Clair Shores, Michigan court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

So, you've succeeded in contesting the validity of a St. Clair Shores, Michigan will. What happens to the property that was going to be distributed according to its terms? Typically, 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." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually 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. Thus, the old will can be given effect.

Can a St. Clair Shores, 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 brilliant lawyer in St. Clair Shores, Michigan can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in St. Clair Shores

St. Clair Shores is a suburb along Lake Saint Clair. Specifically, it is in Macomb County and is about 13 miles northeast of downtown Detroit.

After World War II the area grew from a small resort community along Lake Saint Clair to a decent sized suburb. Per the 2010 census, its population is 59,715 people.

The city is well-known because every Memorial Day, it is host the the Memorial Day Parade. Also, Michigan residents know the area well because of the "Nautical Mile" site. This site is a strip of Jefferson Avenue between Nine Mile and 10 Mile roads, and is home to retail stores, boat dealers, good restaurants and cafes, and marinas. Basically, it is a popular site for residents and tourists to visit.

Many may not know, but St. Clair is where the Miss America Organization is located. Other popular attractions include Car City Records and Crows Nest East.

There are also attorneys in this area that are able to provide legal services to residents in need.

All in all, St. Clair Shores is a wonderful place to live and visit!

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