If you feel the need to contest an estate, allow Martin Foldie Law to stand with you and assist you in your legal battle. Our years of expertise and dedication make us the best option when handling your estate needs.
Estate contests are considered a part of probate litigation. These court hearings typically take place after the death of loved one and can last anywhere between several months and a year. In Michigan, a person is named as the personal representative must be able to:
- Take inventory and gather the deceased’s belongings
- Appraise their assets
- Pay taxes and any outstanding debts
- Distribute the remaining property as outlined by either a will or the state
- In order to make a case for coercion, an attorney must be able to prove that there was an immediate threat of death or bodily injury that caused the party to act uncharacteristically.
- In this path, an attorney will need to prove that the party was dishonest in order to gain an advantage.
- Mental Incapacity
- If the party was not deemed to be in a stable, conscious state of mind, a case for mental incapacity may be present, noting that chronic diseases like Alzheimer’s do not qualify.
- Improper Execution
- An attorney can also examine evidence that might prove that the designation of the estate has been carried out improperly in regards to the original party’s intent.
- If there is reasonable belief that the argued document has been forged, an attorney can gather the evidence and make a case proving its inauthenticity.