Articles - Probate

Important Changes in the Law

In the wake of a recent Michigan Court of Appeals decision, attorneys are cautioning clients against accepting benefits under a will, trust, or other testamentary document if there is a chance they will want to challenge any part of the document later. This ruling has serious implications for situations in probate court where individuals accept benefits and then later initiate actions that conflict with their receipt of those benefits.

For example, an individual who is suing to overturn a will may be barred from doing so if he or she has previously received benefits under it. In other words, you can't take benefits under a will or trust, and then turn around and challenge its validity. Will or trust beneficiaries should be cautious about accepting benefits under the document if they have any doubt about the document's validity. Your attorney should make investigations as to any potential problems with the estate before the you accept any money or property. You need to make the decision whether or not to challenge the document before accepting any money under it.

It is important to have an attorney, knowledgeable of probate law, review your current will or trust or prepare a will or trust for you now so that later your family and heirs will not jeopardize the benefits that your estate bequeaths to them.

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