Here’s what you need to know before you contest that will
At Bingham Legal Group PC, we understand how difficult it is to lose a loved one. The emotional turmoil can only be worsened by finding out that there were some last-minute changes to the will that either lessened your share or cut you out completely. The good news is that in Michigan, there is a “safe haven” clause. This protects you from loss of provisions made for you in the will if there is probably cause when you contest it.
However, before you contest the will, there are a few things you may want to keep in mind. According to Forbes, the first among them is cost. Challenging a will can be costly. However, if you feel sure of your case, have documentation to prove it and stand to gain a large amount if you win, then it may be worth it.
Another factor you need to keep in mind is the small window of time you may have to deliberate about whether or not to contest the will. Once that window closes, you may no longer be allowed to take legal action.
No matter how much you prepare for a case, the one thing many people are never ready for is being dragged through the mud. It can be heartbreaking to be painted as greedy or ungrateful by family members as you try to make a case for yourself. The defendant’s lawyer may call your character into question and your personal past may be dragged to the forefront. For this reason, these cases can be an emotional rollercoaster.
The good news is that, in most cases, loved ones may decide to settle out of court. This helps to reduce cost, time and the likelihood for bad blood by digging up the past. However, because there is no obligation to accept a settlement offer, many people reject it and proceed with contesting the will in court. For more information about probate administration, please visit our webpage.