Michigan Probate Lawyers - CF Legal

Unfortunately, not all estates settle peacefully. Probate litigation refers to legal disputes that arise during the administration of a deceased person’s estate. Emotions and stakes are often high – family members may have differing views on what’s fair or what the deceased really intended. When a Michigan will or trust is contested, it can derail a loved one’s final wishes and tear families apart if not handled properly. Our goal in any probate dispute is to resolve the matter as efficiently and amicably as possible, but we are fully prepared to advocate for our clients’ rights in court when needed. With nearly 30 years of experience, Attorney Craig Fiederlein has successfully litigated complex estate and trust disputes – including recovering over $1 million for a client in a contested trust case. We have handled thousands of will contests, trust contests, claims of undue influence or lack of capacity, and contested guardianship or conservatorship matters in Michigan.

Common types of probate disputes that lead to litigation include:

• Will Contests – where an heir or beneficiary challenges the validity of a will. This might be on grounds that the will was not executed with the required legal formalities, or that the deceased lacked testamentary capacity, or was under undue influence when making the will. For example, an adult child cut out of a late parent’s will might allege that another sibling pressured the parent into an unfair estate plan. A will contest is a type of lawsuit that formally objects to the will’s validity, and if the challenger proves the will is invalid, the court may “throw out” the will entirely. Michigan law imposes strict time limits and standards of proof on will contests, so having an experienced probate litigation attorney is crucial whether you are contesting a will or defending one.
  
  
• Trust Disputes – similar to will contests, these involve challenges to the terms of a trust or the actions of a trustee. A beneficiary might claim that a trust amendment is invalid due to fraud or that the trustee is mismanaging the trust assets. Because trusts often avoid probate court oversight, beneficiaries sometimes need to initiate litigation to hold a trustee accountable. Michigan probate courts have authority to hear trust cases (often called trust litigation) to resolve issues like improper asset distribution or to interpret ambiguous trust language. Disputes may also arise if a trust was created or amended when the grantor was incapacitated or under undue influence – essentially a trust contest analogous to a will contest.
  
  
• Breach of Fiduciary Duty Claims – Executors (personal representatives) of estates and trustees of trusts are “fiduciaries,” meaning they have a legal duty to act in the best interests of the estate and beneficiaries. If a fiduciary fails in that duty – for instance, by mismanaging assets, self-dealing, neglecting to pay creditors or taxes, or not following the will or trust instructions – interested parties can bring a lawsuit for breach of fiduciary duty. Such claims might seek to remove the executor or trustee, recover misappropriated funds, or surcharge the fiduciary for losses. Our firm assists beneficiaries in holding fiduciaries accountable, and we also defend executors and trustees who are wrongly accused, ensuring they can fulfill their duties correctly.
  
  
• Beneficiary and Heir Disputes – Fights can erupt among family members over their share of the inheritance. Perhaps a relative expected a larger portion of the estate, or siblings quarrel over sentimental family items. There might be allegations that one heir interfered with the estate plan, or disagreements about how to interpret certain clauses in a will or trust. We have seen inheritance disputes between siblings, step-family members in blended families, and other complex family situations. When communication breaks down and accusations fly, probate litigation may become necessary to settle the matter with finality.
  
  
• Estate Asset and Accounting Disputes – Sometimes disputes arise over how an estate is being administered even if the will itself isn’t challenged. Beneficiaries may question whether all assets have been properly disclosed and marshalled, or they might object to the expenses and distributions reported in a fiduciary’s accounting. Michigan law allows beneficiaries to request formal accountings. If there are discrepancies or concerns about theft or waste of estate assets, litigation can ensue. Additionally, creditors of the estate might litigate if their claims are denied by the personal representative.
  
  
• Guardianship and Conservatorship Disputes – Although not part of a decedent’s estate, conflicts can also occur in guardianship or conservatorship cases (for example, two family members might each petition to be an incapacitated parent’s guardian, or relatives might disagree about the conservator’s management of the parent’s funds). These are handled in probate court as well and can require litigation to resolve who should be in charge or how assets should be used for the ward.
  
  

Probate litigation is unique in that it combines emotional family issues with complex legal questions. Our attorneys approach these cases with sensitivity and strength. We work to gather the facts – reviewing medical records, financial documents, and correspondence – to build a clear picture of what happened. With will contests and trust disputes, the burden of proof is on the challenger to prove the document is invalid, which often requires evidence of the decedent’s mental state or evidence of undue influence (e.g., an unscrupulous person isolating the elder and dictating their estate plan). These cases often involve expert witnesses (like doctors or handwriting experts) and require knowledge of both law and probate court procedure. We have the resources and award-winning level of skill to handle such challenges, whether it’s initiating a lawsuit to protect your inheritance rights or defending the validity of your loved one’s will or trust against accusations.

Importantly, not every probate dispute has to end up in a trial. We are also strong negotiators and can often resolve conflicts through settlement discussions or mediation, saving our clients the time and expense of protracted litigation. However, if going to court is necessary, we will diligently represent your interests and work to achieve a resolution that upholds your loved one’s true intentions and secures your rightful legacy.