Legal Question in Wills and Trusts in Michigan
Contesting a Will
I am writing to ask a few questions regarding Wills in Michigan. My parents have a will, and have 5 children, including myself. Not sure if they are going to divide the assets equally among the five of us or give some children more than others. I am writing because I am concerned about my stepbrothers and stepsisters contesting the Will.
1. Would I be responsible for paying the lawyer for defense of the will? Even if we win in court, would the person suing be responsible for the court costs or would I? I am concerned because I do not want to spend a lot of money going to court and paying lawyer fees and then have nothing left to divide among us.
2. When my mom and dad do pass away, what is the first thing that should be done? I am concerned about the house getting robbed and family items getting stolen. Is there anything legal that can be done to prevent this?
3. Are there any other things that I should be worrying about in regards to upholding a will? Not sure what my 3 stepbrothers and sisters would be willing to do in order to get most of the assets.
Please provide any assistance or information. Thanks. Shane
1 Answer from Attorneys
Re: Contesting a Will
First, I think it is premature to be worrying about a will contest at this point. If the will is contested at some point, you will need to see an attorney who can review the will and the facts and then give you a professional, experienced opnion. Second, if your parents have a will, they will both have to pass away, most likely, before the children are entitled to any part of their estate. Are they both close to death? If so, you should try to get a copy of the will and find out who the Personal Representative is. It is up to the Personal Representative to protect the assets of the estate.
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