Legal Question in Wills and Trusts in Michigan
Contesting a Will
Michigan: A person changed their name 20 yrs ago and has not use their original name during that time. Then they sign their will with their original name 19 days before they die. But use their legally changed name thereafter until their death. Is the will valid? Also one of the witnesses is the wife of the son who inherits all assests. Mustn't witnesses be disinterested?
1 Answer from Attorneys
Re: Contesting a Will
Using his/her other name is usually not a problem, unless it is because they were incompentent and could not remember their changed name.
Also, under the law that went into effect on 4/1/01, having a beneficiary be a witness, is not necessarily a problem either. However, depending on the facts and circumstances, (e.g. undue influence) it could be a problem.
It is not easy to set aside a will.
Pat Prince
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