You may have heard of probate issues as a part of estate settlement. In Michigan, probate litigation is a large area of the law dealing with the probate process, estate disputes, guardianship and conservatorship, and other concerns. At Bassett Murray Law Group, PLLC, we have over 30 years of experience representing clients in probate litigation in Ann Arbor, MI, and the surrounding areas.
The Probate Process in Michigan
Normally when someone dies, their estate assets pass through the probate process, where the court assesses the value of the assets and uses those assets to repay final debts, taxes, and other costs the deceased person left behind.
After the estate assets pass through probate, the executor of the will disburses the remaining assets to the decedent’s beneficiaries according to the instructions left in the will.
If a person dies without a will (“intestate”), certain assets will not enter probate, such as a retirement account with a named beneficiary or property held in a trust. After paying the debts with qualifying estate assets, the court will divide the decedent’s assets among surviving family members according to Michigan intestate succession.
Handling Estate Disputes Between Beneficiaries
Probate litigation often falls under one of four main categories in Michigan probate courts, including:
- A decedent’s estate
- Trusts created during the lifetime of the deceased person
- Conservatorships and guardianships for incapacitated people
- Child abuse and juvenile crime
Several reasons exist for why someone might file a claim for probate litigation in Michigan. For example, a child expecting an inheritance from an aging parent might call into question the parent’s mental capacity after the parent did not name the child as a beneficiary in the parent’s will. Estate disputes may also arise in the instance of a missing or unclear will.
Probate litigation can stem from a variety of legal disputes, including:
- Beneficiary disputes
- Breach of fiduciary duty by a trustee or other fiduciary
- Intestacy succession and inheritance disputes
- Charitable gift disputes
- Guardian or conservator appointment
- Removal of a guardian or conservator
- Removal of a fiduciary
- Spousal rights to an inheritance
- Misappropriation of estate assets
- Misinterpretation of trust agreements, beneficiaries, and wills
- Death during a divorce, legal separation, or other marital arrangement
Probate litigation is a complex area of law that addresses the many concerns of trustees, beneficiaries, guardians, conservators, creditors, government, and other parties involved in the distribution of estate assets.
For an experienced Michigan probate litigation attorney, turn to Bassett Murray Law Group, PLLC.
Contact an Ann Arbor, MI, Probate Litigation Attorney
With issues as complex as those handled in probate litigation, it’s important to have a qualified probate litigator on your side. Whether you want to file a claim against a trustee for breach of fiduciary duty or defend your right to act as guardian for an incapacitated person, you can trust the experience of our attorneys at Bassett Murray Law Group, PLLC.
We have served Ann Arbor, MI, and the surrounding areas for over 30 years, helping families prepare for life’s changes. Call us today at Bassett Murray Law Group, PLLC, at 734-930-9200, or contact us online to schedule a consultation for probate litigation.