Contested Wills & Trusts

Southeast Michigan Attorneys Resolving Contested Wills and Trusts

The loss of a loved one is often a draining and surreal time for family members. Raw emotions can quickly escalate into family quarrels, particularly when concerns are raised that someone may have taken advantage of the deceased person as they were writing a will or trust. Family members may fear their loved one was not in a sound mental or physical state when making changes to an estate plan.

At Stearns & Coppins, PLLC, we have extensive experience helping people who need to contest a trust or will. We tailor our approach around each client's individual needs and goals, offering compassionate service and practical advice. Whether you need to challenge a will or trust or uphold an estate plan that is being contested, we are ready to help you.

Contact our law firm today to schedule a free initial consultation and discover how we can help you.

Probate Litigation Involving Contested Wills

Once a loved one passes away, emotions can escalate when the contents of the will are revealed, particularly when the will strongly benefits a particular person.

Within the limitations of Michigan probate law, the major purpose of probate is to implement the intentions of the deceased person as expressed in the will. Using a detailed approach, we will examine all available evidence to determine whether the will was executed correctly, to learn your loved one's true objectives, and to discover whether any fraud, misconduct or undue influence took place.

A number of different issues can be raised in contested will cases:

• A will does not meet the legal requirements
• More than one will exists and it is not clear which is valid
• Forgery concerns
• Lack of mental capacity to write the will
• Undue influence or threats by a family member, friend, caregiver or attorney

Our attorneys handle contested will cases with care and attention to detail. Whether you are challenging or defending a will, our goal is to help you resolve the issue quickly and with as little damage as possible to family relationships.

Litigation to Defend or Contest a Trust

There are several situations in which a client may need to contest a trust — either the trust document itself or its administration by a trustee. Our lawyers understand the concerns that may lead to the need to contest a living trust or testamentary trust, including:

• The trust was not properly created
• Undue influence in the creation or amendment of the trust
• Trust payouts were not issued in a timely manner
• Disputes about what amounts should be distributed
• Concerns about the trustee's management of the assets
• Allegations of breach of fiduciary duty, such as a trustee using the assets to benefit himself or herself

Whenever a client needs to contest a trust, we take the time to develop a clear picture of what has happened. We will consider evidence from a variety of sources, such as neighbors, caregivers or others else who understood the intentions of the trust's creator.

Our proactive approach helps us carefully understand the root issues involved in the trust contest, and we carefully develop the evidence and legal arguments necessary to aggressively protect your rights in probate court.

Contact Us Today

We have a great deal of experience representing clients in complex cases, including cases involving contested wills and trusts. Contact us today to schedule a free initial consultation.