Legal Question in Wills and Trusts in Michigan
possible contesting of will/probate
My boyfriends uncle recently passed from als, just before his passing he made a ''friend'' his poa and changed/made a new will. Leaving his brother out who had been caring for him the last year and a half. My understading is they were each others beneficiaries. The poa has given away cars,motorcycles, to friends and neighbors. Apparently his ''lawyer friend made up the will and everything is up in the air. Does the brother or nephew of deceased have any legal standing?
2 Answers from Attorneys
Re: possible contesting of will/probate
Yes. depending upon the circumstances. If you would like my help, please contact me by visiting johntatone.com
Re: possible contesting of will/probate
Thank you for your inquiry. There is no real cut answer to your question, however, a will can be contested when a person is not competent, is unduly influenced or under duress. In your case there is a strong likelihood there is a presumption of undu influence by the nature of the existing of the durable power of attorney. Further, a person under a power of attorney has a fiduciary obligation to act in good faith for the principal the uncle.
This is one of those situations that counsel is need asap. My partner specializes in this area of contested matters. His name is Andrew Mayoras and more info can be found at www.thecenterforprobatelitigation.com.
Don Rosenberg
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