Grand Rapids Probate Litigation Attorneys

Experienced Legal Representation Helping Clients Throughout the Challenges of Litigation in Probate Court Proceedings

When a person dies in Michigan, the deceased person’s estate must go through the probate court system. The probate process ensures that the estate assets of the deceased individual are distributed to beneficiaries, all debts are settled with creditors, taxes are paid off, real property is transferred, and the decedent’s estate is eventually closed.

In ideal situations, probate and estate administration would only require the legal assistance of probate lawyers to help create strategies that look after the central accounts and real estate property of the deceased and their surviving family members. However, not everyone has a comprehensive estate plan at the time of their death. Sometimes, there may be trust or will contests, questions about mental capacity or undue influence, and other probate matters that may require the legal experience of professionals.

Will and probate litigation involving loved ones, trustees, and other fiduciaries can be costly, time-consuming, and emotionally volatile. The ongoing litigation of a will or trust contest could eat away at the estate assets, rendering the remaining estate less valuable for every interested party. Whenever possible, it is in your best interests and that of others to avoid the legal process of probate litigation. However, sometimes litigation during probate administration is necessary for one reason or another, and you are advised to retain professional legal representation throughout the entire process.

Our legal team has extensive experience in specific laws relating to estate planning, probate litigation, and all other practice areas. We will work to ensure that will and trust assets are fairly distributed to all intended beneficiaries. At the same time, we attempt to resolve disputes and help you make informed decisions.

Probate is a difficult time for you and every other interested party. Remember that you do not need to go through it alone when you appear before a probate judge. Contact our Grand Rapids, Michigan, law firm to schedule your initial consultation with our experienced attorneys.

What is the Probate Process in Michigan State?

Probate is the legal process of closing the estate of a deceased individual. When beginning probate, the courts must validate the deceased person’s will (if such a will exists). The administrator of the estate (also sometimes referred to as the executor or personal representative) must inventory estate assets, appraise those assets, pay taxes, settle debts with creditors, and then finally distribute the remaining assets to the beneficiaries and heirs. Suppose there is no valid will or other necessary documents to create an estate plan. In that case, Michigan law dictates the fair distribution of assets to surviving family members.

The personal representative of the deceased person’s estate is responsible for probate administration and completing the probate process. Suppose a valid will appoints someone to be the personal representative. In that case, a probate judge will typically appoint that individual to serve in the role. However, if there is no designated personal representative or existing will, a probate judge will appoint a personal representative.

Not all states have to go through the probate process. In Michigan, the probate process is required when there is no will, or there are disputes about existing estate plan documents. Probate may not be necessary if all estate assets are held within a living trust document or if all estate assets are jointly owned, such as real property jointly owned by a surviving spouse. Additionally, Michigan allows for a simplified process for states with values less than $25,000 after funeral costs.

The probate process begins with the personal representative filing a petition with the probate court. If there is no will, an interested party may file the petition. After the personal representative is officially appointed by a probate judge, the personal representative must notify all potential beneficiaries and creditors of the person’s passing and the status of the probate proceedings. The personal representative then identifies and obtains appraisals of all probate assets, including financial accounts, investments, businesses, real estate, motor vehicles, personal valuables, and more.

Before estate assets can be distributed to beneficiaries, estate debts, expenses, and taxes must be paid. The remaining assets will be distributed to beneficiaries according to the last will. If no will exists, specific laws dictate how assets will be divided. Once all tasks have been completed satisfactorily, the personal representative files a final account with the probate court. If a probate judge approves, the estate will be closed, and the personal representative’s duties will be concluded.

Can You Contest a Will or Trust?

When a person dies in Michigan, a last will should dictate who will receive estate assets and inheritance from the deceased. Unfortunately, the will is sometimes improperly executed, or there are other reasons to dispute the will and how it is administered.

Common examples of probate litigation involving wills include the following:

The existence of a subsequent will
The belief that a will was signed or executed under duress
Accusations of fraud or misrepresentation
Seeking to remove personal representatives
Undue influence over the will’s creator
Removal of beneficiaries
Lack of testamentary capacity at the time of writing or executing a will
Legal issues with formalities, such as the belief that a will was improperly signed, witnessed, or executed

Whether a will exists or not, sometimes there are reasons why legal disputes may arise between surviving family members following the passing of a loved one. When wills are ambiguous or improperly executed, when there is a belief that estate planning documents were written under duress or undue influence, or when there are worries that the creator of the will did not have the mental capacity to understand the full ramifications of the legal document, it may result in estate litigation.

We practice law with the hope of assisting clients with all of their estate planning needs to make things easier for them and their loved ones. Probate litigation is not a desirable outcome for anyone involved, but sometimes it is necessary. If you have reason to contest a will, or you are seeking to defend a will from will contests by others, please contact our Grand Rapids law firm to discuss your case in more detail. Our legal team would be proud to assist you.

What Are Common Reasons for Probate Litigation in the Grand Rapids Area?

Before proceeding, it must be noted that not everyone in Michigan has the legal standing to contest a will. Please contact our law firm to schedule your initial consultation to ensure you have the legal authority to contest a will.

You may consider contesting a will for several reasons, with perhaps the most common reason being the belief that the deceased individual was not of sound mind when they originally wrote and executed it. Whatever the reason for contesting a will, it is highly recommended that you retain the professional legal counsel of experienced probate attorneys.

Common reasons to contest a will or estate plan in the state of Michigan include the following:

Breach of fiduciary duty: trustees and executors are expected to act in the best interests of the beneficiaries and hold to the language of the estate planning documents. When fiduciaries fail in these duties, they can be held in breach and maybe forcibly removed from their roles. If you believe that the personal representative or trustee of the estate is self-dealing or making unwise decisions, please contact our law firm for assistance
Lack of capacity: an individual must be of sound mind when they write and execute a last will. Claims of a lack of mental capacity must be substantiated with relevant medical documentation and, potentially, the testimony of medical professionals. Mentally incapacitated adults cannot sign a valid will. Probate courts are only concerned about whether the deceased individual had sufficient mental capacity at the time of the writing and signing of the will, not at the time of death
Disputes over estate assets: these legal disputes often involve disagreements over the value or distribution of estate assets, their understanding and interpretation of the deceased person’s final wishes, and challenges to the ownership of specific assets. In such disputes, it is often necessary for a probate judge to interpret the will and make decisions about fair distribution accordingly
Fraud: if a will is deemed false or outdated, it will no longer be considered legally valid. When the deceased drafts a new will, the most recent one shall be considered valid, provided it was created properly and per Michigan law. Additionally, if there is any belief of misrepresentation, this may be cause for probate litigation
Improper procedure: specific laws dictate that wills must be drafted according to certain procedures, including having the signing of the document witnessed by impartial parties who are also required to sign the will. If the last will or other estate planning document is not drafted according to Michigan laws, the documents may be considered invalid
Undue influence: individuals cannot be pressured into signing a will against their wishes. Examples of undue influence include threatening people while writing a will, forcing them to sign a legal document without them understanding it is their last will, misrepresenting the facts of the will, and drafting a will under false pretenses or utilizing false information

Other reasons for probate litigation include business ownership issues, commercial litigation, legal matters surrounding guardianships and conservatorships, and disputes over jointly owned assets.

Our Grand Rapids law office has experience in probate matters, elder law, estate litigation, and other practice areas relevant to your concerns. Suppose you seek to contest a will or validate one. In that case, it is highly recommended that you retain professional legal representation from experienced lawyers. Our law firm would be proud to lend legal guidance throughout the entire process in pursuit of the most satisfactory outcome for your probate case. Please schedule a case consultation with our legal staff today to learn more.

What Happens if Estate Assets Are Missing?

Throughout the probate process, the executor must inventory the decedent’s estate. Some necessary documents or estate assets may be difficult to locate. Missing assets could be misplaced over time, but issues may arise between family members who suspect that assets were either mishandled, misused, or taken.

Allegations of missing assets can easily result in probate litigation. It may be possible that someone with power of attorney over an aging loved one misused their legal authority intentionally or otherwise. Additionally, sibling rivalries may result in assets going missing, being hidden, or even being destroyed.

When personal representatives believe that estate assets are missing or if a beneficiary believes that someone has taken assets, it is essential to seek immediate legal action. In some probate cases, it may be possible to recover missing assets by reaching an agreement. However, in other, more extreme cases, proving a breach of fiduciary duty, undue influence, or even fraud in probate court may be necessary.

Please contact our Grand Rapids law firm for legal assistance.

What is a Breach of Fiduciary Duty?

One of the more common causes for probate litigation and trust litigation is allegations against a personal representative or trustee for mishandling estate assets, self-dealing, or failing to act in the best interests of beneficiaries. Fiduciaries like trustees, executors, and others have the legal obligation to administer the estate ethically and within the bounds of the legal documents. If fiduciaries do not uphold their responsibilities, they may be held in breach, leading to litigation.

Common reasons for litigation involving allegations of breaches of fiduciary duties include the following:

Misuse or mishandling of trust assets
Undue influence
The death or incapacitation of a trustee or executor
Questions of validity of a trust or last will
High-risk investments
Different classifications of beneficiaries in an estate plan
Unlawful changes to an existing estate plan
Questions about lack of mental capacity

Whether you are an executor defending yourself or a beneficiary calling into question the performance of a fiduciary, it is highly recommended that you retain professional legal counsel from experienced attorneys. Our Michigan law firm has extensive experience representing clients in various probate law cases, and we would be proud to represent your interests in these matters. To learn more about our legal services, please contact our Grand Rapids law office to schedule a case evaluation today.

Can Probate Attorneys Assist Clients in the Probate Court System?

Suppose estate plans are not properly drawn up or executed. In that case, the result may be lengthy courtroom battles between surviving loved ones after an individual’s passing. This can be a tragic occurrence that may drive family members apart. For this and many other reasons, it is highly recommended that you work with experienced estate planning attorneys to draw up your estate plan to avoid potential pitfalls. However, if it is already too late, you must consider the benefits of retaining probate attorneys for legal counsel throughout the probate process.

Our Grand Rapids probate litigation lawyers have years of experience successfully settling all types of probate cases. With a well-argued case and a bit of luck, our probate attorneys can help you settle your case out of court, but sometimes, appearing before a probate judge in the courtroom may be necessary to protect your interests.

Our legal team can assist you in the following ways:

Determining heirs and locating beneficiaries
Claims against fiduciaries
Guardianships and conservatorships
Settling debts with creditors in probate
Resolving competency disputes
Legal issues for business owners and partners
Removal of beneficiaries or personal representatives
Proving fraud or misrepresentation
Interpretations of the provisions of a will or trust
Estate and trust administration
Formal and informal probate
Probate for small estates
Real property transfers
Challenges to jointly owned property
The determination of rights for the surviving spouse and other family members

Michigan probate law can be highly complex. This is especially the case when individuals have multiple income streams, large estates, property in several jurisdictions, and issues between beneficiaries. It is highly recommended that you hire an experienced probate attorney early in the process to ensure that your legal rights are defended and that you do not suffer at the hands of bad-faith actors throughout the probate process.

While there may not be any way to guarantee that disputes and challenges will never arise, you can limit these chances and simplify legal matters should such a dispute arise. However, considering all the complexities related to the necessary documents, the specific laws governing those documents, and the process related to these documents, all interested parties are encouraged to work with professional legal counsel throughout the process. Working with experienced lawyers is the surest way to reduce costs, avoid conflict, file documents on time, and resolve difficult legal matters sooner rather than later.

Our law firm may be small, but we take pride in providing a big firm approach to the legal proceedings of probate court. Our smaller size also allows us the chance to provide more dedicated, personalized, and hands-on legal care to every one of our clients. If you are contending with a complicated probate conflict, please contact our Michigan legal team to discuss your case in more detail. Our Grand Rapids law firm routinely handles various probate cases, including estate litigation, will contests, breaches of fiduciary duties, and more. To learn more about how we may assist you during this difficult time, please contact our legal team to schedule your initial consultation today.

What Happens if Someone Dies Without a Valid Will or Estate Plan in Grand Rapids, MI?

When a person passes away without a valid will in Michigan, the estate assets go through the intestate legal process. Michigan has specific laws about distributing estate assets among the decedent’s living relatives. While certain family members may ultimately inherit certain assets or accounts, the state’s intestate laws dictate the terms, meaning that the decedent’s final wishes may not be followed.

If the deceased leaves behind a surviving spouse but no other living descendants, such as children or grandchildren, that spouse generally receives the entirety of the estate. In probate cases where both a spouse and children survive the decedent, the distribution of assets shall depend on whether the children are also the descendants of the surviving spouse. In cases where the children are from the surviving spouse, the spouse will receive approximately $150,000 plus half of the remaining estate. In contrast, the children will be asked to share the rest.

Suppose the decedent was unmarried and had no children at the time of death. In that case, their estate assets will be distributed among immediate family members according to the law. If the decedent has no children, the estate typically passes to the deceased’s surviving parents. If the parents are no longer living, the estate will go to siblings, nieces, nephews, and other distant relatives.

Drafting and updating a valid will regularly is highly encouraged to ensure that your wishes are followed.

Schedule a Consultation with Our Grand Rapids Probate Lawyers for Your Probate Disputes Today

Do you need the legal services of a Michigan probate law professional? If you are facing difficult probate, trust, or estate litigation, it is strongly recommended that you seek legal help from experienced professionals.

Stewart Law, based in Grand Rapids, Michigan, prides itself on providing compassionate legal services to clients in need. We understand that this is no mere legal matter for you; this is your life, the legacy of your loved one, and the relationships that you share with other surviving family members. With that taken into consideration, we will handle your case with the utmost care that it deserves.

Probate litigation is one of the most emotionally difficult areas of the law, and you are not recommended to proceed without legal representation. Please contact our Grand Rapids Law Offices to schedule your consultation with our legal team today. In your case evaluation, we will review your legal options and help you determine the path forward in pursuing the most optimal outcome for your probate case.