Legal Question in Wills and Trusts in Michigan
My father passed away January 20th, while on vacation in Florida. His Will has surfaced and it states that no provisions are made for me or my two sisters due to "personal reasons", it is signed and dated Dec 6, 2000. My sister's name is spelled wrong on the document. It names my Grandmother, who lives in Florida, as Personal Representative, and if she is unable or unwilling, than his female friend is appointed. The morning he died, we advised his female friend, she was upset. She told us of a "revised" Will. She was invited to assist in planning the funeral, which is Monday January 25, 2010, she never showed. Her daughter called the Funeral Home and faxed the Will. It made no provisions indicating what type of service, so my sisters and I planned and paid for it. The relationship between me and my father was great over the last couple years. I even flew to Florida to be with him in the hospital from 1-15-2010 until 1-19-2010, he was to supposed to be discharged 1-21-2010, but suffered a massive cardiac event while sleeping. I can prove my closeness of my relationship with him...I went with him to doctor visits, helped him shop, did minor chores and repairs for him, and looked after him in my house after he had an operation in November 2009. I want to contest the Will. I believe his female friend manipulated him. I know my father didn't feel that way about me. I has his trust and was/still am an authorized user to 2 of his credit cards. If we had such a "sour" relationship why would I "pick up" and fly to Florida? BECAUSE HE WAS MY DAD and I needed to be ther for him. Do I have any grounds to contest??
2 Answers from Attorneys
If there is an issue regarding his competence or undue influence at the time he signed the will, you may have grounds to contest the will. If the will is invalid on its face, you may contest the will. However, if your father was competent at the time he signed the will, he is free to dispose of his property how he wishes. The fact that you had a "good" relationship with your father is not grounds to contest a will that you were left out of.
What did the revised will say? Did you find it? Who wrote it, an attorney? You have lots of questions to answer before beginning your quest. Without a revised will, it will be a battle, but not impossible. Visit www.kliszlaw.com to discuss details. Thanks, Tim Klisz
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