Legal Question in Wills and Trusts in Michigan
Contesting A Will
We lost my mother-in law this weekend and my husband pre-ceded her. all the bank accounts and properties were in both my husband, his sister and mothers names. I have since found out that his sister had her mothere sign paperwork ( mom was blind and suffered mild dementia) removing my husband from everything. We had two children together and the grandmother told the kids what she was leaving them. I now do not think this will happen becaus of the sister. What, is any recourse do we have?
1 Answer from Attorneys
Re: Contesting A Will
You have not indicated which state your mother-in-law resided in. The laws of that state control. My answer applies to Michigan. The first question is whether the deceased had a will? Second, if so, was she competent when she signed it? Third, what evidence is there that she intended to do something for your husband or his kids? What evidence is there that your sister-in-law exerted undue influence on her mother to remove your husband's names or to enhance her own position with her mother? How involved was your husband with his mother in comparison to his sister's involvement. All of these and more are important in determining whether it is feasible to file a probate court action in this case. Please call my associate, Helene Phillips for further information. Good luck John C. Talpos (http://www.Mich-lawyer.com)
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