Estate and Trust Litigation

Estate and Trust Litigation

In Michigan, Probate courts are set up to handle a variety of legal disputes related to probate proceedings.The issues and concerns that arise in the process of estate and trust administration are more complex and difficult to resolve than other types of legal issues because the person who executed the documents is no longer available to resolve any discrepancy over his or her intent. Controversies that arise during the probate process can frustrate beneficiaries and add additional hardship during a time of grief. Probate and trust litigation allows you to defend the wishes of your loved one, and at Xuereb Law Group, our attorneys can help you and your family through the probate court proceedings.
An objection to a will, also referred to as a “will contest” is a fairly common occurrence during probate proceedings. To file a petition to contest a will, the petitioner must have legal standing to raise objections. A person typically has legal standing if they are an heir of the decedent, or an interested party, such as a creditor or a person specifically mentioned in a Will (a devisee), or someone disinherited in the will.

Will and Trust litigation can include anything from contesting a Will or Trust, removing a fiduciary (personal representative or trustee), and handling conflicts among heirs or beneficiaries that arise in the trust and estate administration process.  Common litigation areas include the following:

• Estate and Trust Contests –
  • decedent/settlor lacked mental capacity to execute the estate document or was unduly influenced by someone or was under duress to sign the will or trust;
  • The will/trust was not executed with the proper formalities;
  • The will/trust is fraudulent; or
  • The discovery of another will/trust.
• Breach of Fiduciary Duty – the trustee or personal representative is not administering the trust/estate properly, or is embezzling assets;
• Quiet Title – real property was wrongfully taken from decedent during their lifetime (either by executing a deed under false pretenses or did not have capacity to dispose of their property), and the real property should be returned to the estate or trust; and
• Bank Account Contests – if decedent had a joint account, that account may not go to the survivor if the survivor was only placed on the account for convenience (i.e. to help decedent pay bills and manage assets).

Disputes about wills and trusts can tear families apart. At Xuereb Law Group, we understand the emotional toll probate issues can have on you and your loved ones, which is why our compassionate attorneys handle these delicate issues with precision, skill, and expertise. Whatever probate issue you are facing, we will work hard to resolve your probate issue as quickly, smoothly, and economically feasible as possible. Call our law office today for a consultation.

Will & Trust Contests

When someone passes away, whether that person has a will, trust, or neither, there is a possibility of probate litigation. There are several ways in which a will or trust can be contested. All of the following represent possible grounds for a probate lawsuit:

• The will/trust was not executed with the proper formalities
• The will/trust was executed while the decedent was under duress or under undue influence by another person
• The will/trust is fraudulent
• The decedent lacked the capacity to make a valid will/trust at the time the will was created
• The discovery of another will/trust
• Property was transferred prior to the decedent’s death

Disputes about wills and trusts can tear families apart. At Xuereb Law Group, we understand the emotional toll probate issues can have on you and your loved ones, which is why our compassionate attorneys handle these delicate issues with precision, skill, and expertise. Whatever probate issue you are facing, we will work hard to resolve your probate issue as quickly, smoothly, and economically feasible as possible. Call our law office today for a consultation.