Legal Grounds For Contesting A Will In Michigan: Undue Influence, Lack Of Capacity And Fraud
Losing a loved one is difficult enough without wondering whether their final wishes were truly their own. A sudden change to a will or an unexpected beneficiary can raise serious concerns. Kuiper Kraemer PC can help you understand what happened and what you can do about it. With more than 20 years of experience, we take a personalized approach to every probate dispute. The grounds to contest a will in Grand Rapids include undue influence, lack of testamentary capacity and fraud.
Undue influence
Undue influence is what happens when someone uses pressure, manipulation or a position of trust to interfere with a person’s free choice when making a will. For example, a caregiver may isolate a vulnerable person or pressure them to change beneficiaries. Influence alone is not enough. The evidence must show that the improper conduct affected the person’s decisions.
Lack of testamentary capacity
A person must have enough mental ability to understand what they are doing when making a will. They generally must understand that they are making a will, know what property they own and recognize the people who would ordinarily inherit from them. A challenge may be appropriate if they lacked this understanding when they signed the document.
Fraud
Fraud involves deception that affects the making or contents of a will. For example, someone may give false information about a beneficiary or mislead the person signing the document about what it says. Unlike undue influence, fraud focuses on deception rather than pressure.
Navigating The Strict Timelines And Deadlines In Kent County Probate Court
Michigan does not have one deadline for every will contest. The time you have to act depends in part on whether the estate is being handled through informal or formal probate.
If a will is admitted through a formal testacy proceeding, the court’s order is final and binding on all interested parties who received notice. Any modification or appeal must generally be based on strict statutory grounds and filed within 21 days of entry. With informal probate, an interested person can petition the probate court to prevent the will from being admitted or to set aside its informal probate. The applicable timing depends on the circumstances of the estate.
Additional deadlines can apply later in the probate process. Certain requests to change or set aside a probate order may be tied to events such as final distribution, the filing of a closing statement or entry of a final order.
How Much Does A Probate Attorney Cost In Grand Rapids, Michigan?
Probate attorneys in Grand Rapids typically charge $300 to $500 per hour. Your total cost depends on the attorney’s rate and how much work the dispute requires.
The estate may cover reasonable attorney fees when the personal representative hires counsel to properly administer or protect estate assets. A person who challenges a will generally pays their own attorney fees. In some situations, a court may allow fees to be paid from the estate, but that is not automatic.
How Our Probate Litigation Team Protects Your Inheritance And Family Legacy
We look closely at how the will was prepared and signed. This can include reviewing medical records, financial documents, communications, earlier wills and statements from people who witnessed the events. We also consider whether changes to beneficiaries occurred alongside signs of pressure, confusion or deception. If the dispute goes to court, we handle the probate litigation while keeping your goals and potential inheritance in focus.
Need Help Contesting A Will? Call Us Today.
If you believe a loved one’s will does not reflect their true wishes, Kuiper Kraemer PC can help. Call us today at 616-537-1016 or send us an email to schedule a consultation. We can discuss your case, investigate possible grounds for a challenge and help you explore the options available to you.
