Challenging a Loved One's Estate Plan: A Guide to Undue Influence Litigation in Michigan
Discovering that a loved one's will or trust has been unexpectedly changed, especially under suspicious circumstances, can be deeply distressing. You may feel that the documents do not reflect their true wishes, but are rather the result of manipulation. Michigan law provides a way to challenge these situations through a legal claim of undue influence, seeking to have the invalid documents set aside. In this article, the Michigan Probate Attorneys of Thompson Legal will explain how an estate plan can be contested in probate court.
Please note that this post is not exhaustive, and every situation is unique. In the event that you have legal questions about working with a potential probate litigation matter, it's advisable to speak with a licensed attorney. Contact Thompson Legal to speak with a Michigan attorney today.
What is Undue Influence in a Will Contest?
When challenging an estate plan, undue influence is more than just nagging or persuading; it is a form of coercion so powerful that it destroys the free will of the person making the document (the testator). Essentially, the influencer substitutes their own desires for those of the testator. To successfully challenge a will or trust in probate court, you must demonstrate that the testator’s mind was so controlled by the influencer that they were not acting of their own accord when they signed the documents. The result is an estate plan that benefits the manipulator, often at the expense of the testator's true family and loved ones.
What is Probate Litigation?
Probate litigation refers to the legal disputes that arise during the court-supervised estate administration process. These disputes can include a wide range of issues, but they most commonly involve a "contest," where an interested party, such as an heir, challenges the validity of the deceased's will or trust documents. Claims of undue influence, lack of testamentary capacity, fraud, or improper execution of the will are the primary grounds for this type of litigation. The goal of probate litigation is to have the probate court intervene, hear evidence, and make a binding judgment to ensure the estate is distributed fairly and according to the decedent's true, legally-valid intentions.
Checklist: Was Your Loved One a Victim of Undue Influence?
If you are considering probate litigation, it's helpful to review the facts of your specific situation for common warning signs. While one sign alone may not be enough, a combination of these "red flags" can build a strong case in court.
Consider if you observed the following:
Isolation from Family: Was your loved one systematically cut off from you and other long-time friends and family by the suspected influencer?
Sudden or Secretive Changes: Were you surprised by a sudden change to the will, trust, or beneficiary designations? Was this change kept a secret from those who would normally have been told?
Unnatural Distribution of Assets: Does the new estate plan drastically and unnaturally benefit one person, particularly a new acquaintance or caregiver, while disinheriting close family members?
Influencer's Control: Did the influencer control your loved one's daily life, finances, or medical care? Were they involved in hiring the attorney or present when the new documents were signed?
Declining Health: Was your loved one experiencing physical or cognitive decline, such as dementia, illness, or confusion, making them more susceptible to manipulation at the time the documents were changed?
The "Presumption of Undue Influence": Your Key to a Successful Claim
Michigan law provides a powerful tool for those challenging a will or trust with the "presumption of undue influence." This legal standard can be applied to strengthen your case. If you can prove the following elements, the court will presume that undue influence occurred, and the burden of proof will shift to the alleged influencer to prove their innocence.
A Confidential or Fiduciary Relationship Existed: The influencer was in a position of significant trust and confidence with your loved one (e.g., their power of attorney, financial advisor, or primary caregiver).
The Influencer Benefited: The influencer received a significant gift or inheritance from the will or trust.
The Influencer Had the Opportunity: The influencer had the ability and opportunity to manipulate your loved one into making the changes.
Establishing this presumption is a critical litigation strategy that our experienced probate attorneys can help you pursue. As stated in MCL - Section 700.7406, a trust is void if its creation was induced by undue influence, providing additional statutory support for your challenge.
Conclusion: Take the First Step to Correct the Injustice
Challenging a will or trust can be significant, but it is often the only way to protect your loved one’s true wishes. This process requires a deep understanding of probate court procedures, evidence gathering, and litigation strategy. You do not have to face this complex and emotional fight alone. The probate litigation attorneys at Thompson Legal are dedicated to helping families in across Michigan. If you believe your loved one was a victim of undue influence, please Contact Us to schedule a consultation and learn how we can fight for you.
This article is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a Probate and Estate Planning Attorney, please Contact Thompson Legal at (734) 743-1646 to schedule a consultation.
