Inheritance Disputes | Heir & Beneficiary Attorney

Have you found yourself in a dispute over who gets what from a loved one’s will or a trust? If so, you’re probably wondering where to turn to for help. You might be reluctant to reach out to a lawyer—has the situation already gone that far? But the reality is that the sooner you get legal help from an experienced attorney, the sooner you may be able to put this matter behind you.

At Head Murphy Law in Farmington Hills, we’re committed to lifting the burden you’re carrying and shouldering it for you. Inheritance disputes often require formal probate litigation to resolve conflicts over wills, trusts, and estate distributions.

We understand what you’re going through right now, and we want to provide you with the dynamic legal strategies you need to end your dispute effectively. Don’t make the mistake of trying to resolve the matter yourself or of putting off getting the compassionate legal help you deserve. Contact us today for your initial consultation with an inheritance disputes attorney serving Michigan, and let us get to work protecting your interests. Working with an experienced probate lawyer can help you understand your rights and take action quickly.

Who Qualifies as an Heir or Beneficiary?

A person becomes an heir when the intestate succession law entitles them to inherit from the estate of a person who died without a will or left assets not addressed by their will. Michigan outlines how estates are distributed when no will exists under the Michigan intestate succession rules. The intestate succession law identifies which surviving family members may inherit from a decedent and what share of the decedent’s estate they may receive. Family members who typically qualify as heirs include the decedent’s spouse, children, grandchildren, parents, and siblings.

A “beneficiary” refers to someone entitled to inherit from a decedent’s estate under their will or a person entitled to receive distributions from a trust. A beneficiary can also include someone entitled to receive payment from a financial account under a pay-on-death or transfer-on-death designation or someone entitled to receive the death benefit from a life insurance policy.

The distinction between heirs and beneficiaries can be important for estate or trust litigation, as an individual’s status as an heir or beneficiary may determine their standing to file or participate in litigation.

Common Types of Inheritance Disputes in Farmington Hills, MI

At the law firm of Head Murphy Law, our lawyers advise and advocate for clients across Michigan who’ve found themselves involved in heir and beneficiary disputes, such as:

Will contests, which challenge the validity of a will
Challenges to a trust’s validity
Disputes over the interpretation of provisions of a will or trust
Alleged misconduct or negligence by a personal representative or trustee
Intestate succession disputes, including determining rightful heirs or resolving questions over paternity or adopted children
Disputes over distributions from a trust or estate

Legal Grounds for Challenging a Will or Trust

Many heir and beneficiary disputes involve a challenge to the validity of a will or trust document, or to a provision therein. For example, someone might file a legal challenge to a will or trust if having the document declared invalid would allow them to inherit more from an estate. The most common grounds for contesting the validity of a will or trust include:

Lack of capacity: The law requires the person making a will or trust to have testamentary capacity, meaning the person can identify their heirs and beneficiaries, understand the nature of their assets, and understand the consequences of making a will or trust. If that individual did not have this capacity at the time, the document is invalid.
Undue influence: A claim of undue influence alleges that someone used their position of trust with a testator (the person making a will) to induce them to write or change their will for that person’s benefit.
Forgery: A will or trust challenge may claim that a party presenting the document has offered a fraudulently altered will or trust or a fake document with the forged signature of the testator or settlor (the person establishing a trust).
Coercion or duress: A party may challenge the validity of a will or trust by arguing that the testator or settlor wrote the will or trust or included specific provisions in the document under pressure from another party.
Improper execution: State law imposes specific requirements for the execution of a will or trust document. A legal challenge may argue that the person who created the will or trust did not fulfill all the requirements for a valid execution of the document, which may lead a court to invalidate the will or trust.

Disputes can also arise when an heir or beneficiary believes that an executor or administrator of an estate has engaged in misconduct, such as misappropriating estate assets, allowing assets to waste through mismanagement, or engaging in self-dealing. These claims may also involve broader trust administration disputes when disagreements arise over how assets are managed or distributed.

The Trust and Estate Litigation Process in Farmington Hills

The first step of trust and estate litigation is to get help from an experienced attorney. Next, they can file a complaint or petition with the probate court. This can only be done on behalf of someone who has legal standing to file suit, meaning they have a direct interest in the outcome. Examples of people who may have standing to file litigation include:

Heirs of an individual who died intestate (without a will)
Beneficiaries named under a deceased individual’s will
Heirs who will stand to inherit from a decedent if the court voids the decedent’s will or trust
Named beneficiaries in a document claimed as a decedent’s last will and testament
Beneficiaries named in a previous version of the decedent’s will, who wish to challenge the validity of a subsequent will that disinherited them

After the complaint or petition has been filed, the probate court may allow the parties to engage in discovery, during which the parties can request documents or information from one another to gather evidence for their cases. The court may also issue a preliminary injunction to maintain the status quo of an estate pending resolution of the case. It may also encourage the involved parties to participate in settlement negotiations or mediation to resolve the case without a trial.

Absent a settlement, the probate court will schedule a trial, where the party who filed the complaint or petition must present sufficient evidence to meet their burden of proof for their claim. After the trial concludes, the court will issue an opinion and judgment in favor of one party, ordering relief as appropriate, such as voiding a will or directing an administrator or executor to take a specific action to administer an estate.

Why Choose a Trust and Estate Attorney from Head Murphy Law?

Choose a trusts and estates lawyer from the Farmington Hills, MI law office at Head Murphy Law to help you resolve heir and beneficiary disputes because of our:

Compassionate counsel: We know that a dispute over a trust or estate can be a source of considerable anxiety. We want to alleviate some of this stress by taking the burden of your case off your shoulders.
Emphasis on teamwork: When you choose our law firm to represent you in a dispute over an estate or trust, you get the benefit of our entire legal team’s collaborative approach. Our lawyers will utilize our collective legal knowledge and experience to advocate for your interests more effectively.
Personalized legal strategies: You’re not just a case number here. We know you’re a unique individual with equally unique concerns and goals. We’ll tailor our strategy around your needs while remaining flexible in our pursuit of the best results possible.

Contact Our Lawyers for Help Resolving Disputes Over a Loved One's Estate

A dispute over a loved one’s estate or trust can be emotionally exhausting and, at the same time, financially fraught. You shouldn’t have to go through this challenging process alone. Contact Head Murphy Law today for a free, confidential consultation with a probate litigation attorney in Farmington Hills, backed by our proven case results, and let us provide you with the compassion and guidance you need during this difficult time.