Legal Question in Wills and Trusts in Michigan

My uncle was diagnosed with dementia several years ago, he had a will made up when he was still mentally capable of doing so. Seven years ago, around the time he was diagnosed, he re-married. A short while before he passed away, his wife had him re-write his will so that she was the beneficiary to every possession he owned. The man could barely sign his name, and had no reasoning skills left.

Before he passed, she also had him sign over the titles of two classic cars he owned. She then sold the cars before he died.

Is this something that can be contested in court? Even though it was his wife, should she be allowed to change his will knowing he was not in mentally sound?


Asked on 2/16/11, 6:39 am

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Spouses are often considered proper beneficiaries of wills and actually cannot be disinherited by a will. They can take against a will and still get proceeds. It would really depend on the largeness of the estate for this tough battle. Visit kliszlaw.com to discuss. Tim Klisz

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Answered on 2/16/11, 8:04 am


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