If You Are Contesting The Will In Michigan

Apr 7 02:00 2022 smith clea Print This Article

Contesting a will can be challenging, especially if your case seems like it could be pretty simple but it may also be necessary if you feel that an individual or family member has been denied rightful inheritance or given less than what they are entitled to.

If you are contesting the will of someone who died in Michigan,Guest Posting you might be wondering if there is any way to avoid having to go through probate court first, especially if your case seems like it could be pretty simple (for example, the person left everything to their spouse and made no mention of anyone else).

The good news is that there is a way around this and it doesn’t involve going to court right away. In fact, you may not even have to appear in court at all!

 

Who Can Contest A Will In Michigan?

Contesting a will can be challenging, but it may also be necessary if you feel that an individual or family member has been denied rightful inheritance or given less than what they are entitled to.

If your loved one passed away without making arrangements for their estate, or if you believe an inheritance was taken from them unfairly, you can contest their will by filing a motion in court.

 

Can You Get Out Of Probate By Contesting A Will?

In Michigan, when someone dies without having executed a valid last will and testament, their estate is probated.

That means that all his/her property must be distributed according to Michigan’s intestacy laws (which means that it goes to whoever was closest to that person).

In some cases, you may wish to challenge or contest an existing will.

For example, if you suspect that your deceased loved one was not mentally competent when he/she made it.

 

Is There An Alternative To Going Through Probate Court In Michigan?

Yes. There are alternatives to going through Probate Court, but generally speaking, if you wish to challenge your loved one’s Will, then you need to go through Probate Court.

 

Common Reasons For Contesting A Will

You were left out of your father’s will, but you feel that you should have been included.

You were named in your mother’s will, but she has since passed away.

You and other relatives are fighting over inheritance after your parent’s death.

Other family members are trying to break down their inheritance through an advance directive stating they wish to be revived upon their passing in order to keep their assets within their own families instead of splitting up amongst many families or friends.

 

Documents Necessary To Contest A Will

What are some of the documents necessary to contest a will in Michigan? A petition for formal administration, an affidavit of heirship, an affidavit about distribution by intestacy, an inventory, appraisement, and a list of claims.

If you want to contest your parent’s will or anyone else’s, make sure you have all these items available.

Otherwise, your case might get dismissed before it even gets started!

Also, you’ll need a lawyer on your side; you can hire one at any time during your litigation process by filing an appearance form with the court.

 

When Does The Probate Process Start In Michigan?

The first step in deciding whether to go through probate court (also known as probating a will) is figuring out when it officially begins.

Most people assume that if they have to make decisions about their loved one’s estate, then they must be in probate. But, that assumption isn’t true in all cases.

 

Types Of Fiduciaries And Their Responsibilities (Michigan)

Under Michigan’s Estates and Protected Individuals Code, there are several types of fiduciaries who must follow specific rules.

Below is a list of these fiduciaries along with their responsibilities in order to better understand how they fit into estates in Michigan.

Physical (Living) Guardian – The guardian of an individual who is incapacitated by reason of physical disability or age.

Guardian Ad Litem (GAL) – A person appointed by a court to represent an incapacitated adult or minor in a legal matter such as a dispute over assets or health care decision-making authority.

 

Is An Executor Necessary (Michigan)?

In Michigan, if you have died without leaving behind a valid Last Will and Testament, then your closest relatives would be appointed as an Administrator.

Although these terms may sound similar, an Executor deals with your possessions only whereas an Administrator takes care of everything that relates to your estate including paying bills and filing tax returns.

Most states in America don’t mandate having an Executor or Administrator; instead, they let surviving family members decide how to distribute property amongst themselves.

 

Executor's Duties, Powers, And Liabilities

 

Executors have many duties.

They are required to settle an estate within one year of their appointment by notifying all interested parties of their appointment as executor and providing them with information about whether they wish to file claims on behalf of the decedent's estate.

Additionally, if anyone has filed a claim against the decedent's estate, he or she must protect those claims from being paid out to claimants until those claims have been approved through court procedures.

 

Executor's Representative Duties, Powers, And Liabilities (Michigan)

In Michigan, executors must perform various duties about settling their estate.

The duties of an executor can be demanding and can include going to court over issues related to settling an estate.

Below are general requirements that apply to an executor’s representative in Michigan.

If there are not enough assets for Probate proceedings, how is it handled? Sometimes an estate has more debt than assets. 

If all a decedent’s assets are used to pay their creditors, it’s called Executory Administration.

While Executory Administration does not need court approval, it does need that Probate is opened on all assets because they may become part of an estate at some point.

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About Article Author

smith clea
smith clea

Smith Clea Maddison is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Smith Clea Maddison does his best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate, contesting a will in michigan, and more about legal family issues. The author can be reached through www.rochesterlawcenter.com

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