When a person dies with a will, one of the things the probate process regarding the individual's estate generally involves is the terms of the will being carried out.
How probate proceedings regarding a deceased individual's will end up going can vary quite a bit from instance to instance. Sometimes, no issues arise in relation to a will and the process goes through without any disputes. Other times, serious questions arise in relation to a will that leave some family members of the deceased wondering if they should challenge the will through will contest litigation.
One big question that sometimes arises in relation to a deceased individual's will is: was the will in fact valid? There are certain things that can make a Michigan will invalid, such as:
- The will not meeting the formal requirements of Michigan wills law, such as the execution rules.
- Portions of the will being forged.
- The will having been made due to the person who made the will being subjected to undue influence, such as fraud, duress or coercion.
- The person who made the will having been in a state of incapacity (though things such as illness, drugs or alcohol) at the time they signed the will.
A person obviously can feel very concerned when they come across information or evidence that brings into question the validity of a deceased loved one's will. Given how big of an impact a will can have on the various members of a deceased person's family, it is very important that only valid wills be enforced.
When a person suspects that a deceased loved one's will may have been invalid, they may be unclear on what the law allows them to do and what actions could best protect the rights and future of them and their family.
Our firm can help individuals who are facing tough probate issues, such as issues regarding potential validity issues with a deceased loved one's will. Among the things we can help individuals who think that a loved one's will may have been invalid look into include: whether they would have standing to contest the will, whether there are in fact grounds to challenge the will, what legal options are available and what course of action would be best suited for their situation.