The death of a loved one can be an incredibly difficult and trying time. This is especially true when there are allegations that your loved one executed a will or trust when he or she did not have capacity, or that the document was procured by fraud or undue influence.
Michigan’s Estate and Protected Individual Code provides that a testamentary document, including a will or trust, will be valid and enforceable so long as the testator had capacity at the time of its execution, and its execution was not the product of undue influence, fraud, duress, or mistake, or had been previously revoked. In order to mount a successful challenge to a will or trust, a person challenging its validity has the burden of establishing one or more of these.
Will and trust contests can be extremely complex and fact-intensive, requiring extensive and lengthy fact gathering (known as “discovery”) and often expert testimony. In bringing a challenge, the challenger must also be careful not to trigger an in terrorem or “terror” clause contained in the will or trust, which could result in the challenger being completely disinherited under the estate. While Michigan law imposes some limitation on the extent to which these clauses can be enforced, they are generally enforceable and can be devastating when triggered. A challenger must also be cognizant of any statutes of limitations that may bar him or her from contesting the document. Consultation with experienced and knowledgeable legal counsel is a must if you are bringing or defending against such a challenge.
Whether you are considering bringing a challenge, or find yourself defending against such allegations, you need experienced and knowledgeable legal counsel. You also need an attorney who will aggressively and unwaveringly pursue and defend your inheritance and rights under the law.
At the Law Office of Jeffrey M. Bloom, we have the experience, knowledge, and tenacity to handle any will or trust contest, from small to multi-million dollar estates. Call today to put us in your corner.
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