Probate Attorney | Michigan Estate Administration & Disputes

If you have been nominated as the personal representative (executor) in a family member’s will, or as a trustee of a trust, it’s normal to feel overwhelmed and unsure of where to start. It is often an emotional time for all who are related to or who love the person who has died.

The probate or estate administration process can be confusing and trying even in the best of situations. The paperwork, filings, and financial matters that must be handled can be difficult to manage while you are dealing with the emotions of your loss. Unfortunately, conflicts and disagreements can arise among those left behind, making the process much more complicated. Some may only be resolved through litigation.

If you are facing a potential probate lawsuit, Head Murphy Law in Farmington Hills, Michigan, can provide the experienced legal and personal guidance you need.

Handling Assets and Feelings

At Head Murphy Law, we know that probate and estate lawsuits are often more about feelings than assets. That is why our Michigan probate lawyers focus on the individuals involved as much as they tackle the legal aspects of each issue.

It doesn’t matter if you are the executor, trustee, spouse, child, or another interested heir, your emotions, needs, and wishes are valid and seen by our legal team. Yes, asset distribution is important, but how you get through this difficult time is as equally important to us. How we guide you to a resolution matters as much as the conclusion of the issue itself. We will help you achieve results without forgetting about you and those you love.

Why Do Family Disputes Arise After a Death?

Many people think that lawsuits between family members only happen with other families. Unfortunately, that is not always the case.

The death of a loved one has a vastly different effect on every person involved. Our compassionate lawyers understand this and pay special attention to the individual needs of each client and their family members as they guide families through administrative processes in Michigan.

We don’t try to hurry families through probate just to get them off our books. We work hard to create a calm and reassuring atmosphere in which they can work through their difficulties and emotions. In the long run, this saves you time, money, and energy.

There are several factors that can increase the likelihood that an estate will become the subject of litigation. If you are aware of them beforehand, there may be a good chance of avoiding disputes that involve:

Blended Families – Second marriages and stepchildren can create confusion about inheritance intentions if estate planning documents are not clear.
Lack of Estate Planning – When someone dies without a will or trust, Michigan’s intestacy laws determine asset distribution, which might not reflect the deceased person’s actual wishes or what family members think is fair.
Last-Minute Changes – Modifications to estate planning documents shortly before death, especially those that significantly alter distributions, often raise concerns about capacity or undue influence.
Strained Family Relationships – Pre-existing conflicts between siblings or other family members can intensify when people are mourning and tensions are high.
Unequal Treatment – Decisions to allocate more resources to some beneficiaries over others, or to exclude certain family members entirely, often lead to disputes.
Poor Fiduciary Selection – Choosing someone who lacks financial skills, communication abilities, or integrity to serve as executor or trustee can create serious problems.

Even in families with good relationships, estate litigation sometimes occurs simply because people have different perspectives on fairness or different interpretations of the deceased person’s intentions.

Probate and Estate Lawsuits in Michigan

Probate law is about the administration of a deceased person’s estate and may include matters of guardianships and conservatorships as well. Michigan probate courts oversee the distribution of assets, the protection of vulnerable individuals, and the resolution of conflicts related to estate planning documents, including trusts.

Lawsuits may arise for many reasons. Sometimes, family members disagree about the validity of a will or trust. Other times, an executor or trustee may fail to fulfill their responsibilities properly. Disputes can also emerge over guardianship arrangements for minors or incapacitated adults. Some of the most frequent probate and estate disputes our law firm handles include:

Will Contests

Will contests are among the most common forms of estate litigation. An interested party may challenge the validity of a will for:

Undue Influence – Someone pressured or manipulated the deceased person into changing their will to benefit a specific individual or individuals.
Lack of Capacity – The person who created the will did not have the mental ability to understand what they were doing at the time.
Improper Execution – The will was not signed, witnessed, or prepared in accordance with Michigan legal requirements.
Fraud or Forgery – Someone created a false will or altered an existing one without permission.

Will disputes also arise when there are multiple versions of a will, when a will cannot be located, or when spouses or children have been excluded from an estate plan.

Trust Disputes

Many people use trusts as part of their estate planning to avoid probate or provide ongoing management of assets. However, trusts can also become the subject of litigation. A Detroit trust disputes lawyer may need to help resolve disputes about:

Whether a trust was properly created and funded
The validity of trust terms (if there are concerns about capacity or undue influence)
Whether a trustee is fulfilling their duties appropriately
Requests to modify, terminate, or reform a trust based on changed circumstances

Trust litigation often involves complex financial matters and requires an attorney who can carefully review trust documents and account records.

Breach of Fiduciary Duty

When someone agrees to serve as an executor (also known as a personal representative), trustee, or conservator, they assume a fiduciary duty. This means they must act in the best interests of the estate or beneficiaries, follow the law, and manage assets responsibly.

However, not all fiduciaries meet these obligations. Estate litigation may be necessary when a fiduciary:

Fails to provide proper accounting of estate assets and transactions
Mismanages or wastes estate property or funds
Makes distributions that conflict with the terms of a will or trust
Engages in self-dealing or personally benefits from their position
Refuses to communicate with beneficiaries or provide required information

In these situations, interested parties can file litigation to compel accountings, request the removal of a fiduciary, seek appointment of a replacement, and recover financial losses caused by the fiduciary’s actions.

Guardianship and Conservatorship Disputes

Guardianship and conservatorship proceedings protect individuals who are unable to make decisions for themselves. A guardian oversees personal care decisions, while a conservator manages financial matters.

Litigation in these areas typically involves:

Disputes over whether guardianship or conservatorship is truly necessary
Disagreements about who should be appointed to serve in these roles
Challenges to the actions of a guardian or conservator who is not properly fulfilling their responsibilities
Petitions to modify or terminate guardianship or conservatorship arrangements

Beneficiary Designation Disputes

Not all assets pass through probate. Life insurance policies, retirement accounts, and certain other assets are typically transferred directly to named beneficiaries. However, disputes can arise over these beneficiary designations, particularly when:

Multiple or conflicting beneficiary forms exist
Someone claims a beneficiary designation was made under undue influence or when the account owner lacked capacity
Questions emerge about whether a beneficiary designation overrides provisions in a will or trust

These cases often require a probate attorney to interpret both Michigan law and the specific terms of account agreements.

Why Work With Head Murphy Law?

Estate disputes require both legal knowledge and sensitivity to family dynamics. From the beginning of a trust or probate administration process, you can rest assured that our attorneys will take time to understand your specific situation and explain your options clearly. Whether you need to defend the validity of estate planning documents, challenge the actions of a fiduciary, or resolve guardianship concerns, we are here to help guide you through the process.

From our offices in Farmington Hills, we serve many clients throughout Michigan and well as those who live outside Michigan and need to handle probate matters here. Michigan probate court procedures may be vastly different from other state laws. If you are already working with a legal professional in your home state, we are happy to partner with them to help you resolve your Michigan issues.

Contact Head Murphy Law Today

Probate and estate litigation can be emotionally challenging for everyone involved. At Head Murphy Law, our lawyers are dedicated to providing both the legal experience and empathetic counsel you need during this challenging time.

Whether you are an executor, beneficiary, family member, or interested party concerned about estate administration, an experienced Michigan probate attorney can help you understand your options and pursue the best possible outcome. Contact our law office today for a consultation and learn more about how our team can assist with your family and litigation needs.