Probate Litigation Attorney in Presque Isle County

How Michigan Probate Litigation Works

Contested probate matters follow a defined process, though the timeline and complexity depend on the dispute. Here’s a general overview of what to expect.

Filing & Initial Objections

Probate litigation begins with a petition or formal objection filed with the court. The filing identifies the disputed action and requested relief, such as rejecting a will, removing a fiduciary, interpreting trust language, or addressing the handling of estate property. The filing point and deadline depend on the type of claim and the stage of the proceeding, so acting promptly matters.

Discovery

Discovery is the evidence-gathering stage of litigation. In a will contest, relevant evidence may include medical records, financial documents, correspondence, prior estate-planning documents, and testimony from people who observed the person making the will. Fiduciary disputes may require accountings, transaction records, asset valuations, and communications concerning distributions or estate management.

Mediation

Mediation is a structured settlement process in which a neutral mediator guides the parties through a possible negotiated resolution. The mediator doesn’t decide the dispute. The parties retain control over whether to accept an agreement, which may address asset distribution, fiduciary appointments, accountings, or other contested issues.

Hearing or Trial

If the parties don’t resolve the dispute, the case can proceed to an evidentiary hearing or trial before a probate judge. Each side presents admissible evidence and witness testimony, and the judge applies Michigan law to the contested issues. An adverse ruling can be appealed to the Michigan Court of Appeals.

Deadlines for Michigan Trust Challenges

EPIC imposes claim-specific time limits, and missing the controlling deadline can prevent a court from hearing a challenge. The deadline depends on the type of dispute, the notices sent, and the procedural history of the estate or trust.

• Trust-validity challenge: Under MCL 700.7604, a proceeding challenging a trust that was revocable at the settlor’s death must begin by the earlier of two years after the settlor’s death or six months after the trustee sends the notice required by the statute.
• Distribution during a challenge: A trustee may distribute trust property after the settlor’s death, but the statute doesn’t protect the trustee from liability for a distribution made with knowledge of a pending proceeding contesting the trust’s validity.
• Notice of a possible contest: A potential contestant may provide written notice of a possible challenge. To preserve the statute’s limitation on protected distributions, the contestant must begin the proceeding within 63 days after giving that notice.

Acting early gives an attorney time to identify the controlling deadline, gather evidence, and evaluate whether pre-litigation resolution is appropriate. Waiting can reduce the available procedural options, particularly after statutory notice has been sent or trust property has been distributed.

Who Can Contest a Will or Trust in Michigan?

Michigan law allows an interested person to contest the probate of a will. This term covers someone whose property rights or legal interests are affected by the estate proceeding, such as an heir, beneficiary, creditor, or fiduciary, depending on the circumstances. An objection to the formal admission of a will must be raised before or at the probate hearing.

Michigan’s probate courts have exclusive jurisdiction over estate-settlement matters when the deceased person was domiciled in the county or left an estate there. Whether someone qualifies to bring a challenge depends on the estate plan, family relationships, fiduciary appointments, and requested relief.

Michigan No-Contest Clauses in Wills & Trusts

A no-contest clause seeks to penalize someone for contesting a will or bringing another proceeding related to an estate. Under MCL 700.2518, this provision in a Michigan will is unenforceable when probable cause exists for the proceeding. Probable cause concerns whether there was a reasonable basis for bringing the challenge, not whether the contestant ultimately prevails.

Under MCL 700.7113, Michigan law applies the same probable-cause public-policy principle to these clauses in trust agreements. A clause therefore doesn’t automatically prevent a supported will or trust challenge, but the wording of the instrument and the basis for the proceeding require careful review.

The Burden of Proof in a Michigan Will Contest

The burden of proof identifies which party must establish a particular issue. The proponent of a will, meaning the person asking the court to admit it, must first present prima facie proof that the will was properly executed. Prima facie proof is evidence sufficient to establish the point unless rebutted. When the proponent is also the petitioner, that party must also provide prima facie proof of the person’s death and the proper venue.

The person contesting the will bears the burden of establishing the asserted ground for invalidity. Those grounds may include lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. A party also carries the ultimate burden of persuasion on an issue for which that party had the initial burden of proof, so the required evidence depends on the specific challenge presented to the court.