Contested probate, trust disputes, fiduciary accountings, will contests, and guardianship and conservatorship proceedings: the litigation side of estate matters, where family dynamics meet probate law.
Probate litigation is, in one sense, an extension of family law: the same families, the same long-standing dynamics, now unfolding under the Estates and Protected Individuals Code (EPIC) rather than the divorce statute. The firm has decades of experience in the probate courts of Wayne, Oakland, and surrounding counties and handles contested estate and trust matters regularly.
The firm represents heirs and beneficiaries in will contests brought on grounds of lack of testamentary capacity, undue influence, fraud, and improper execution. Representation includes petitioning for formal proceedings, challenging or defending appointments of personal representatives, contesting claims against estates, and appeals from probate court orders. The work often requires forensic attention to the decedent’s medical records, financial history, and the circumstances surrounding the execution of the contested instrument.
Trust litigation arises in a predictable set of circumstances: a trustee who will not communicate with beneficiaries, assets that appear to have been misapplied, a distribution scheme the beneficiaries believe is inconsistent with the settlor’s intent. The firm has litigated contested trust and estate claims on behalf of heirs and beneficiaries, resulting in court-ordered fiduciary accountings and financial recovery for the beneficiaries.
Past results do not guarantee a similar outcome. Every case depends on its own facts.
The firm also represents fiduciaries (personal representatives, trustees, guardians, and conservators) in the administration of their duties. This work includes preparing and defending annual accountings, obtaining court approval of significant decisions, and defending fiduciaries against claims brought by beneficiaries or other interested parties.
Guardianship and conservatorship proceedings are covered on their own page: Guardianship & Conservatorship.
The probate docket is where inheritance law meets family history. The pleadings read in one way; the witnesses know they read another.
A will is challenged in probate court, usually by objecting when the will is offered for probate. Common grounds include lack of testamentary capacity, undue influence, fraud, improper signing or witnessing, and a later revocation. Probate deadlines can be short, so anyone with concerns should act as soon as they learn a will has been or will be offered.
Undue influence means pressure so strong that it overcame the free will of the person making the will or trust. Michigan courts may presume undue influence when a person in a confidential or fiduciary relationship with the decedent benefited from the document and had the opportunity to influence it. The other side can then offer evidence to rebut that presumption.
Not necessarily. Many wills and trusts include a “no-contest” clause, but under Michigan law (MCL 700.2518 for wills and MCL 700.7113 for trusts), those clauses are unenforceable if probable cause existed for the challenge. Whether probable cause exists should be evaluated carefully before filing.
Under MCL 700.7814, a trustee must keep qualified trust beneficiaries reasonably informed about the trust and its administration, and generally must send a report of the trust property, liabilities, receipts, and disbursements at least annually to current beneficiaries and to other beneficiaries who request it. If a trustee refuses, a beneficiary can petition the probate court to compel an accounting.
Yes. The probate court can remove a trustee under MCL 700.7706 for reasons including a serious breach of trust, unfitness, or persistent failure to administer the trust effectively, and it can remove a personal representative for similar cause. The court may also order the fiduciary to repay losses caused by a breach of duty.
These answers are general information about Michigan and federal law, not legal advice about your situation. Contacting the firm does not create an attorney-client relationship.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.