Legal Question in Wills and Trusts in Michigan

Deceased left son millions

I was left 25,000 in the will and the will was deemed legal by the judge. Now the son (his only heir) says he doesn't have to pay because wills are like a wish list, only suggesting what his dad would like him to do with part of the money. His aunt (who is an attorney) says I should just be happy that he was so generous to all of us when he was alive and the fact that he thought about us towards the end should be enough. She also said the son does not have to pay this money if he doesn't want to. How can a will be legal and binding for the son but exclude me? I have a copy of the will and I feel I need an attorney. What are y chances of winning this case and can I ask his son to pay my attorney fees if I win?


Asked on 5/13/02, 8:26 am

3 Answers from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Deceased left son millions

If you were a designated beneficiary under the will then you are entitled to the inheritence. It doesn't matter what the son has stated. Please contact me 24 hours @ (800) LAW-6685. I look forward to discussing this matter further with you.

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Answered on 5/13/02, 1:45 pm
Patricia Prince Patricia Gormely Prince, P.C.

Re: Deceased left son millions

A will is not a "wish list." If the will says to the effect "I leave $25,000 to X" X is entitled to the bequest. Based on what you are telling me your chances of winning are good. Probate courts do not often award legal fees, but I always ask, in situations where the personal representative is acting egregiously. The cost would depend on whether or not they fight it, if the court acts on it right away, etc. Maybe a letter to his lawyer would do the trick.

If you want me to take a look at the will (seeing the exact language would be useful), feel free to fax it to me at no cost/obligation.

My firm handles a lot of probate litigation. Feel free to visit our website.

Best Regards,

Pat Prince

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Answered on 5/13/02, 2:47 pm
Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: Deceased left son millions

Assuming that your are designated as a beneficiary in the Will, and you have been left $25,000.00 your chances are not only good, there excellent for recieving the money that was left to you in the will.

Call me and we can chat more about this if you would like!

Kindest Regards,

Geoff Lahn

(734) 944-2269

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Answered on 5/13/02, 9:01 am


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