Contested Wills in Waterford, Michigan

Find the right Contested Wills attorney in Waterford, MI

In Waterford, Michigan there are specific procedures authorizing certain people to challenge the validity of a will. This is identified 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 considerable 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 Waterford, Michigan?

Courts in Waterford, Michigan will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Typically, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

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

Because a will contest can sometimes involve complicated legal and factual questions, as well as some very raw emotions, a skilled Waterford, 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 Waterford

The beautiful city of Waterford, Michigan is the third largest township in the state of Michigan with just over 73,000 residents. The self-proclaimed "Lakeside Paradise" is located in Oakland County Michigan and was established in 1834. Waterford is a city that has a lot to offer both residents and visitors alike. The city of Waterford is located in Oakland County, and its central location makes it a very easy city to live in. Wateford is located on 35.3 square miles and has lots of parks, trails, and other activities for people to enjoy. Additionally, the Oakland County International Airport is located in Waterford, making for easy access in and out of the city of Waterford.

Waterford has a thriving professional community with many talented doctor, lawyers, accountants, and businessman working in various capacities. Waterford lawyers are some of the best in the business, and many come from the University of Michigan Law School and settle to practice in Waterford. Whatever the legal issue is, a Waterfod lawyer is available to help!

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