QUESTION

Can a court document mandate my being listed in the will?

Asked on May 19th, 2017 on Estate Planning - Michigan
More details to this question:
N/A
Report Abuse

1 ANSWER

Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
Update Your Profile
A Will is a document that an individual (called the Testator) uses to determine what his/her final wishes are for the distribution of his/her assets upon death. If you are not named in the Will, but are a natural heir of the Testator (deceased person), there are a couple of possibilities. First, if you are SPOUSE of the Testator and are not mentioned in the Will, you can elect a share against the Will (or could if a new law abolishing that options has been passed in Lansing). Second, if you are a natural or adopted CHILD of the Testator, and there is not language in the Will specifically disinheriting you, you can contest the Will if you believe that duress or undue pressure was placed upon the Testator to change the natural course of inheritance. Third, if the Testator has included language that specifically disinherits you, then you are essentially out of luck unless, again, you can prove undue pressure on the Testator to disinherit you. IF you are not a Natural Heir of the Testator but have a written document (i.e. a contract) between you and the Testator where he/she promised to leave you something in his/her Will for whatever reason and that was not done, you can contest the Will under a theory that the Testator obtained benefits from your performance on the contract then defrauded you be not following through with his/her promise.
Answered on Jul 10th, 2017 at 10:40 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters