When a loved one dies, it can be very traumatic for the remaining family. People miss their family members and wish their deaths never had to occur. However, death is a fact of life, and we have to come to terms with this difficult time period. While it is often not the first priority, at some point relatives must deal with their deceased family member’s will. People will find out how their loved ones planned to distribute the assets following their deaths. The information found in a will, however, can be difficult if the will has terms that people were not expecting.
When a will does not meet these expectations, many people may wonder whether not they should challenge the will. There are many situations where challenging a will is appropriate.
First, people can challenge a will if there is something structurally wrong with it. This could be that the will does not have enough witnesses, does not follow state law or was otherwise not properly executed. A will must be made according to strict laws of the state of Michigan and wills that do not follow these requirements may not be valid.
Second, people can challenge the will if there are issues about what the will contains. If the will contains illegal or unenforceable provisions, then the will may not be enforced.
Third, if the circumstances surrounding the creation of the will are poor, then the will may be unenforceable. In other words, people can challenge the will if the will was created under undue influence, fraud or other unfair circumstances. People must create their estate plans of their own free will and not be unduly influenced by others’ desires.
There are many situations where Michigan residents may want to challenge the will of a family member. A will contest is not always an easy situation, and there are many complicated laws in play. People should consider seeking specific legal advice from an attorney in the situations.