When You Believe a Will or Trust Doesn't Reflect Your Loved One's True Wishes

If something changed in an estate plan near the end of a loved one's life — and that change doesn't feel right — you may have legal grounds to act. Undue influence, lack of mental capacity, and trustee misconduct are provable claims under Michigan law, but the window to file is limited. The sooner you speak with an attorney, the more options you have.

What Probate Litigation Actually Covers

Probate litigation is any legal dispute that arises during the administration of a deceased person's estate. This includes challenges to the validity of a will, disputes over how a trust is being managed, claims against an executor or trustee who is mishandling estate assets, and demands for a formal accounting of what has been spent or distributed. These are not informal disagreements — they are legal proceedings filed in Michigan probate court, and they require an attorney with direct courtroom experience in this area.

The Two Most Common Grounds for Contesting a Will in Michigan

Michigan law allows interested parties to challenge a will on several grounds. In our experience, the two that arise most frequently — and that carry the most weight in Genesee County probate court — are undue influence and lack of testamentary capacity.

Undue Influence

Undue influence occurs when someone in a position of trust or authority over the deceased — a caregiver, a new spouse, a family member with financial control — used that relationship to pressure or manipulate them into changing their will or trust in a way that benefited the influencer. The change often happens late in life, when the person was isolated, dependent, or in declining health. Michigan courts look at the totality of the relationship and circumstances. Evidence can include financial records, medical records, communications, and witness testimony about the deceased's state of mind and relationships in the period before the document was signed.

Lack of Testamentary Capacity

To execute a valid will in Michigan, a person must understand what they own, who their natural heirs are, what a will does, and how those elements connect. When dementia, a stroke, heavy medication, or another condition has compromised that understanding, a will signed under those circumstances may not be legally valid. Lack of capacity claims are built on medical records, physician testimony, and evidence of the person's cognitive state at the time of signing — not just a general decline, but their specific condition on or around the date the document was executed.

What a Trust Dispute Looks Like — and How It Differs from a Will Contest

When a Trust Is Challenged After Death

A trust contest is a legal challenge to the validity of a trust document itself — typically on the same grounds as a will contest: undue influence or lack of capacity at the time the trust was created or amended. Because trusts are often amended multiple times over a person's life, a dispute frequently centers on a specific amendment made late in life rather than the original document. If you believe a trust was changed under pressure or when your loved one lacked the mental clarity to understand what they were signing, that amendment may be contestable.

Trustee Misconduct and Breach of Fiduciary Duty

Not every trust dispute is about the document itself. Sometimes the trust is valid, but the person administering it — the trustee — is mismanaging assets, failing to distribute funds as required, favoring one beneficiary over others, or refusing to provide an accounting of how trust assets have been handled. Beneficiaries have legal rights in these situations. We can demand a formal fiduciary accounting, petition for the trustee's removal, or pursue a breach of fiduciary duty claim in probate court depending on what the facts support.

Your Rights as a Beneficiary

If you are a named beneficiary of a trust — or believe you should be — you have standing to demand information and, in many cases, to take legal action when that information reveals a problem. Michigan law gives beneficiaries the right to an accounting, the right to be notified of trust administration, and the right to petition the court when a trustee is not fulfilling their duties. These rights exist regardless of whether you are in conflict with other family members.

Who Has Standing to File a Probate Litigation Claim in Michigan

Standing — the legal right to bring a challenge — matters before anything else. In Michigan, a will contest may be filed by an interested person, which generally includes heirs, named beneficiaries, and anyone who would have inherited under a prior will or under intestate succession if no valid will exists. For trust disputes, standing typically extends to current and remainder beneficiaries and, in some cases, to creditors of the trust. If you are unsure whether you have standing to act, that is one of the first questions we answer in a consultation.

Michigan Probate Litigation Timelines and Filing Deadlines

Time limits in probate litigation are strict, and missing them can permanently close the door on a valid claim. In Michigan, a will contest must generally be filed within 21 days after the period for filing claims against the estate closes — which itself runs 4 months from the date of the first publication of notice to creditors. Trust contest timelines follow a different framework and can be shorter in some circumstances. The moment you suspect something is wrong, you should be talking to an attorney — not because litigation is inevitable, but because your options narrow quickly once deadlines pass.

What Happens When a Will or Trust Is Formally Contested

When a probate litigation claim is filed in Michigan, the matter is heard in the probate court of the county where the estate is being administered. The court may schedule hearings, require discovery, and ultimately hold a trial if the parties cannot reach a resolution. Many contested matters settle before trial through negotiation or mediation. We evaluate each case on its facts and advise clients on whether a negotiated resolution or a contested hearing is more likely to produce the outcome they are seeking. Not every dispute has to go to trial — but having an attorney who is prepared to try the case changes the dynamic in any settlement conversation.

What to Expect When You Call Us About a Probate Dispute

An initial consultation on a probate litigation matter is not a commitment to file suit. It is a conversation about what happened, what changed, and whether the facts support a legal claim. We will ask about the timeline of events, the relationship between the deceased and anyone who may have exerted influence, the medical history near the time the document was signed, and what you know about prior versions of the will or trust. From there, we give you an honest assessment of what you have, what it would take to pursue it, and what the realistic outcomes look like. Our phones are answered directly, and we return calls within 24 hours.

Related Actions Beneficiaries Can Take

Probate and trust litigation is not always the first step. Depending on the situation, there are related legal tools available to beneficiaries before or alongside a formal contest:

• Demand for fiduciary accounting: If an executor or trustee has not provided a full accounting of estate or trust assets, you can formally demand one. Michigan law requires fiduciaries to account for what they have received, what they have paid out, and what remains.
• Petition for trustee removal: If a trustee is mismanaging assets, self-dealing, or refusing to communicate with beneficiaries, a court petition can seek their removal and replacement.
• Emergency asset preservation: In cases where estate or trust assets are at risk of being dissipated before a dispute is resolved, the court has authority to issue orders protecting those assets while litigation proceeds.
• Mediation: Michigan probate courts encourage mediation in contested matters. In the right circumstances, a negotiated resolution can preserve family relationships and produce a faster, less costly outcome than trial.

We also handle contesting a trust as a standalone matter when the dispute centers specifically on the validity of a trust document.

Frequently Asked Questions About Michigan Probate Litigation