Legal Question in Wills and Trusts in Michigan
Will and Estate
My father just passed away and we had to draw up a will so he could leave his assets to the appropriate people. He was in the hospital when it was drawn up and there were 3 unbiased, unrelated witnesses that were there to see my dad sign the will. My mother is now fighting us and the will stating that he was not in the right frame of mind and that we were out for his money. I really do not want to legally fight her for anything and am willing to walk away from everything if it comes down to it, but how valid is the will. I also have heard that the spouse and children are entitled to some percentage of his estate reguardless of the will.
1 Answer from Attorneys
Re: Will and Estate
A court should uphold the will, unless it is found that your father lacked testamentary capacity (a legal term) or that he was unduly influenced (i.e., made to do something that he would not have done otherwise). Based on what you've given, I cannot evaluate how strong your mother's case is; however, even if the will is set aside, you and your siblings should be entitled to some distribution under the laws of intestacy, depending on the size of the estate (unless there was another will that left everything to your mother). If you are interested in getting the will upheld, please give us a call, so we can discuss the situation and determine just how strong your case is.
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