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How and when should a will go into probate court?

Detroit, MI |

I think that my mothers will was fraudulently written by my brother. What can I do about it?

Attorney Answers 4


You need to sit down with a probate attorney who can listen to the facts of your case and then explain how the laws of Michigan will impact your situation. It really depends on your circumstances. Feel free to call me to discuss the costs involved.

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Wills may be challenged for a number of reasons, including lack of testamentary capacity, undue influence, fraud, mistake, among others. Here's a link to a short article I wrote a few years ago that explains this in more detail.

These are not easy lawsuits to bring, and the challenging party usually has the uphill battle. That's why it's critical to work with an experienced probate litigation attorney who regularly handles cases of this nature.

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You have not provided nearly enough information for a lawyer to offer any suggestion except that you should talk with a probate lawyer.
If you have a copy of the will you should bring it with you.
Assuming that your mother has died and the will has been offered in probate, the lawyer can review the alternatives that are available to you, given your unique situation.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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Challenging a will is difficult, but it can be done. You can challenge a will if facts indicate that the will was not properly made or was the result of fraud, mistake, or improper influence on the person who made the will - referred to as the "decedent" after death. Each state has probate courts where any challenges to a will must be filed. Whether a challenge is in your best interests depends on the laws of the state where it will be filed.

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