Contested Wills in Sterling Heights, Michigan

Find the right Contested Wills attorney in Sterling Heights, MI

In Sterling Heights, 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 Sterling Heights, Michigan?

Of course, a Sterling Heights, Michigan court will not invalidate a will without a very good reason, but there are some situations 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.

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 Sterling Heights, 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 Sterling Heights, Michigan Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Sterling Heights, Michigan attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Sterling Heights

Sterling Heights, Michigan is an important suburb of Detroit. It is located in Macomb County, about half an hour away from downtown Detroit. The city is most noted as a recipient of various safety awards, and was named Michigan's safest city in 2010. Sterling Heights maintains a "Sidewalk Inspection Program", which utilizes meter readings for reporting hazardous sidewalks conditions.

The local economy of Sterling Heights is stimulated by the presence of over 3,500 industrial and commercial businesses. Major employers in the city include General Dynamics, Visteon, and Detroit Free Press. Of notable interest in Chrysler's Sterling Heights Stamping Plant, the world's largest stamping plant for metals. Sterling Height's close location to Detroit has also attracted several automotive industry companies.

In addition to its diverse economy, Sterling Heights is an excellent city for families. The city holds several very popular events such as Music in the Park, "A Sterling Christmas", and Sterlingfest. Residents can also visit Dodge Park, which serves as host to a number of concerts and events throughout the year.

Lawyers in Sterling Heights, Michigan offer legal service in a wide range of legal fields. They are experienced in a variety of legal matters and disputes. Many Sterling Heights attorneys represent clients in the Macomb County District Court.

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