What Are Common Reasons for Probate Litigation?

Probate is a normal part of the estate management process. When someone dies, their assets become the property of their estate. These assets must then be transferred to the deceased’s beneficiaries by the estate’s executor under the terms of the will or, if the deceased did not have one, their state’s intestate succession laws. If the deceased left behind a clear, well-executed will, this process is relatively simple.

However, any ambiguities in the language of the will, mismanagement on the part of the executor, or concerns about the will’s validity could lead to disputes among the estate’s beneficiaries or creditors – disputes that may need to be settled through litigation. Let’s look at three of the most common reasons for probate litigation in Michigan.

Will Contests

A will is only valid if the testator – the person making the will – is of sound mind, meaning they understood what they were doing and acted through their free will. Disputes can arise when interested parties suspect the testator of a particular will was not of sound mind when they executed the document.

For example, a beneficiary may argue that the deceased was manipulated by another person who exerted excessive pressure to direct the distribution of the estate in a way that benefits them, contrary to the testator’s true intentions. Called undue influence, this can involve subtle coercion or manipulation, particularly where the deceased was vulnerable, perhaps due to health issues or dependency.

Another common ground for contesting a will is lack of testamentary capacity. This legal challenge asserts that the testator didn’t have the mental capability to understand the nature of the will, the extent of their assets, or the implications of their decisions at the time they created the will. Proving this typically requires medical testimony and evidence of the individual’s cognitive state close to the time the will was executed.

Breach of Fiduciary Duty

Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Their perceived breach of this duty could lead to probate litigation. Breaches can take various forms, such as mismanagement of assets, self-dealing, or failure to distribute assets in accordance with the will. Such actions (or inactions) undermine the integrity of the estate’s administration and can lead to substantial losses for the beneficiaries. In such cases, litigation may be the best way to resolve the breach and distribute the estate’s assets according to the testator’s wishes.

Creditor Claims

In addition to distributing their assets, the probate process also involves settling any outstanding debts the deceased had at the time of their passing. Creditors have a specified period, dictated by state law, to file claims against the estate to recover these debts. This process can lead to conflict if the executor disputes the validity of the claims or if there are insufficient assets to cover all debts, raising questions about the order and priority of payments. Moreover, conflicts might arise over whether certain debts were indeed personal obligations of the deceased or should fall outside the estate’s responsibility. Beneficiaries and creditors alike might need to turn to litigation to settle these disagreements.

Contact an Estate Planning Lawyer Serving Michigan

Have you found yourself in the middle of an estate dispute in Michigan, or are you hoping to avoid causing one after your passing? If so, the team at Bingham Legal Group PC can help. Contact us today for a consultation with an estate planning lawyer serving the Detroit metro area, and let’s discuss your goals and concerns together.