Probate Litigation In Grand Rapids

Probate litigation can be an emotionally charged and legally intricate process, often arising during a time of personal loss. If your family is dealing with contested wills or disputes among beneficiaries, you may need the help of a probate attorney to get through this challenging time.

At Kuiper Kraemer PC, we understand the struggles families face when disputes arise over the distribution of a loved one’s estate. Our legal team works tirelessly to seek a fair resolution and protect the rights of our clients in Cascade Township, Ada and East Grand Rapids.

What Is Probate Litigation?

The probate process begins with identifying the deceased’s assets, which includes gathering information on all property, financial accounts, investments and any other holdings. The probate court oversees the payment of any outstanding debts, taxes and other expenses the estate may owe.

Once the executor has settled these financial obligations with the court, the heirs can receive the remaining assets. Without a will, the distribution follows the state’s intestate succession laws, which determine who gets a share of the estate.

While most proceedings in probate courts are straightforward, disputes may arise. In these situations, there are disagreements or challenges related to the distribution of assets, which may ultimately lead to litigation.

An experienced legal professional will be needed to protect the interests of those involved. A lawyer is also crucial to seek a resolution that honors the wishes of the deceased or incapacitated individual.

Probate Issues That May Lead To Litigation

For some people, the probate litigation process is a mystery. This gap in knowledge means some heirs or beneficiaries may be uncertain whether or not they can take legal action to address the problem they are facing. To help bridge this gap, we outlined some of the common issues that may lead to litigation:

1. Lack of a will: When someone dies without a will, the state considers their death intestate. Unfortunately, the intestacy rules may not align with the deceased’s wishes, leading to disputes among family members, especially if there are differing opinions on what the testator would have wanted. Family members may argue over who should inherit certain assets, who should be responsible for the estate and how to handle debts and expenses. These disagreements can strain familial relationships and may require legal intervention to resolve.
2. Will contests: This occurs when someone challenges the legitimacy of a will. Allegations of fraud or forgery are serious grounds for contesting a will. Fraud might involve situations where the testator was deceived into signing the document. If there is proof of fraud, a court may invalidate the will, resulting in a different distribution of the estate.
3. Termination of a trust: Most people create trusts to achieve specific goals, such as providing for a beneficiary’s education or maintaining a property. Over time, circumstances may change, making the original purpose of the trust impracticable or impossible to achieve. Family members or beneficiaries may seek to terminate or modify the trust if they believe it no longer serves its intended purpose.
4. Breach of fiduciary duty: Executors and trustees have a fiduciary duty to manage the estate or trust in the best interest of the beneficiaries. This includes acting with honesty, loyalty and good faith. However, if the executor or trustee acts in their own interest rather than the inheritors, the beneficiaries may seek to revoke their authority through probate litigation.

If you face these issues, you will need proper legal support. Seeking professional legal advice may help you ensure that you can honor the intentions of the deceased. As you face these challenges, remember that you are not alone, and resources are available to guide you through this difficult time.

Call Our Lawyers To Address Your Probate Litigation Needs

At Kuiper Kraemer PC, our team of probate lawyers in Michigan prides itself on offering sophisticated legal solutions to clients. We offer a personal and responsive service, helping those unsure of what to do next.

Give us a call at 616-537-1016 or use our contact form to schedule an initial consultation. Our experience provides us with a comprehensive understanding of a wide range of legal issues and we will use that knowledge to your favor.