Legal Question in Wills and Trusts in Michigan
if a man writes a will in 2006 as a widower, remarries in 2009, is now showing signs of dementia can the wife contest the will because he is now not of sound mind?
Asked on 1/03/11, 1:35 pm
2 Answers from Attorneys
Timothy Klisz
Klisz Law Office, PLLC
She can take against the will because she is a spouse. The law protects spouses regardless of an earlier written will. Kliszlaw.com. Tim Klisz
Answered on 1/08/11, 2:09 pm
John Tatone
John R. Tatone & Associates PLC
Depending upon the type and amount of the assets in the Estate, the wife will be entitled to a percentage of the Estate regardless of the terms of the will. If he tries to change the will after showing signs of demintia, it may be contested. Contact me to discuss in more detail at 888-988-LAWS (5297) or johntatone.com
Answered on 1/09/11, 5:03 am
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