Contesting a Will or Trust
A Will or Trust is a legal document that specifies how a decedent’s property will be distributed after his or her death. In an ideal situation, the validity of the decedent’s will or trust would not get called into question. Often, however, individuals may question the integrity of the documents or the circumstances surrounding the signing of the Will or Trust. When this occurs, whether you are defending the contents of a document or you want to contest a Trust or Will, you will need a probate attorney experienced with Trust and Will contests to help you know your legal rights.
Will Contest and Defense
Experienced probate attorneys know how to contest a will and how to defend a contested will. In either scenario there must be proper grounds for contesting a will or otherwise challenging a will. Reasons to contest a Will may include:
- Competency or lack of capacity
- Undue influence
- Duress
- Questionable will changes
- Whether the will is actually signed by the deceased person
- Whether the will executed properly
- Interpretation of the will
- The deceased person’s intent
In addition to a will contest which is challenging the validity of a Will, often times issues arise regarding the executor or personal representative’s administration of the will and probate estate. These disputes generally involve fiduciary fees and delays in the administration. Atlas Law, PLC is experienced in representing clients in Will contests. Our probate litigation attorney can assist you in defending or challenging a will.
Trust Contest and Trustee Defense
Like will contests, trust contests can arise for a number of reasons, including competency issues or whether there any undue influence or duress exerted upon him or her. Contesting a trust is also common if someone feels they were wrongfully left out of a trust. Individuals expecting a larger inheritance than the trust affords may become frustrated or angry. Unreasonable expectations are common when dealing with trusts. A trust can quickly become a source of family turmoil.
Disputes among trustees and beneficiaries also often arise regarding the trustee’s administration of the trust. These disputes generally involve fiduciary fees or Trustee fees or delays in the administration. We are experienced in representing clients in will contest. Our probate litigation attorney can assist both trustees and trust beneficiaries with:
- Trust validity and interpretation issues,
- Disputes between beneficiaries, trustees and fiduciaries,
- Disputes regarding fiduciary or trustee fees, and
- Trust modification and termination
Trust and Estate Litigation Attorney in Michigan
Our probate attorney represents and litigates against fiduciaries, trustees, guardians, executors, conservators and other probate-related professionals and appointees, as well as against other beneficiaries.
Atlas Law, PLC serves all of Southeast Michigan, including Wayne County, Oakland County, and Washtenaw County. We can assist you with your Trust or Will Contest questions and provide other legal advice.
We offer free consultations and flexible appointments to meet your needs, including weekends and after hours appointments.
We will even come to you!
To learn more about your options, call our Michigan lawyer at (248) 773-5555.