Legal Question in Wills and Trusts in Michigan

Estate

My sister died leaving a will in which the one of the devisees is the only witness to the will. The other devisee is the Cystic Fibrosis Foundation.

My brother and I are her only heirs and we are not mentioned in the will.

Now this same person is filing a petition to be made Personal Representative to her estate in Michigan. Her legal address was Michigan at the time of her death. Is this legal? Is this a conflict of interests?

In her will, dated 11/16/07, she mentions a lawyer. I can not find any lawyer with his name where she stated he should be practicing law in Indiana.


Asked on 5/16/09, 9:56 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Estate

there could be a challenge to the will in Michigan. Were you close to the deceased or estranged? Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 5/16/09, 10:14 pm
C. David DuMond Law Offices of David DuMond

Re: Estate

I can't speak to Michigan law. But in Indiana and California, a will which has only one witness, and that witness being a beneficiary, would be subject to challenge. A will challenge is very fact sensitive (one should say, "evidence sensitive" as facts cannot always be proven by competent evidence), so you should find a lawyer in the Michigan county where the will is being probated who has experience with probate litigation. Contact that local bar association for a referral. That lawyer will need to review facts and available evidence that concern the desires the will-maker, any evidence of undue influence or fraud, and apply the local law. Be prepared to cheerfully pay a consultation fee. Do not delay; there may be short deadlines to file your contest. Good luck.

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Answered on 5/17/09, 3:54 pm


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