Legal Question in Wills and Trusts in Michigan

Michigan Probate

My brother passed away on Dec 17, 2008. He had no will. I and my two brothers are the only survivors. We found out that a large 401K has a beneficary assigned to it that none of us know. This person has had no contact with my brother in the last 20 years. We are contesting the distribution of the 401K. Is this a waste of our time and money on an attorney? Do we have a snowballs chance in hell of getting this 401K?


Asked on 3/06/09, 8:37 pm

2 Answers from Attorneys
David Leon David L. Leon, P.C.

Re: Michigan Probate

You would have to show that your brother didn't sign the beneficiary designation, or that his signature was procured via fraud or that it's a forgery. There could also be a mistake on behalf of the company.

Read more
Answered on 3/07/09, 8:32 am
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Michigan Probate

The beneficiary designation is a contract. The only way you could contest it is by establishing your father was under duress, not competent or under the undue influence of another person when the beneficiary designation was created.

IF these circumstances are not present that your chances are slim to none of successfully challenging the 401k. Should you wish to discuss this further, you can contact us. Our website is www.tcfel.com.

Read more
Answered on 3/06/09, 9:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan