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If the personal representative is removed with questionable reasons for doubt of the validity of removal, is that a contest of a will? And if the will says not to be contested any way shape or form and regardless if the challengers win or not.
10 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Removal of the personal representative (executor) is not a will contest. If there is a clause that says if a person challenges the will he/she won't receive anything. There is some doubt as to whether a provision such as this is enforceable. I don't believe there has ever been a challenge to it.
Answered on Apr 12th, 2013 at 7:47 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There are provisions of Michigan law that deal with this situation. "Terror clauses" are enforceable under Michigan law, unless there is "probable cause" to set them aside. Probable cause would include lack of capacity or undue influence. The problem with this law is that it opens the doors to the courtroom for everyone, even when the decedent wanted to prevent that. I am dealing with such a case right now. There has already been more than $15,000 in legal fees, and there is no end in sight. It is a difficult issue, but I think the pendulum has swung too far towards the rights of potential beneficiaries. Judges need to be stronger in dealing with these situations, particularly where there is no proof of wrongdoing.
Answered on Apr 11th, 2013 at 10:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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A will contest arises when ever person or estate is challenged by way of petition in the main probate action; legitimate petitions contesting the persons or aspects of the will, will override the no contest clause, if the contest is legitimate.
Answered on Apr 11th, 2013 at 8:48 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Removing a personal representative is not the same as contesting a will. A will contest happens when someone claims that the entire will is invalid. For example, if they claim that the will is a forgery or that the will was signed only because someone had undue influence over the signer or that the will was not signed or witnessed properly.
Answered on Apr 11th, 2013 at 1:57 PM
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A contest of a will would be contesting the CONTENT of the will - what the will itself says. Having a personal representative removed for cause is NOT a contest.
Answered on Apr 11th, 2013 at 1:56 PM
A judicial removal of the PR is not a contest of a Will. A Will contest concerns the validity of the Will itself. Because this is a complex area, your best course of action is to consult with an attorney specializing in estate litigation and not rely on advice from the internet.
Answered on Apr 11th, 2013 at 10:27 AM
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You need to have the Will reviewed and need to consult an attorney in the jurisdiction where the Will may be being "contested." The application of no contest rules in different states run the gamut. In Nevada the statutes are more narrowly applied, this us there is a greater chance of disinheritance, but states differ. Some of our neighboring states are much more liberal in the application. You need to assess your exposure before proceeding and seek out legal counsel in the jurisdiction to advise you accordingly. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 11th, 2013 at 10:27 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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A challenge to any aspect of the Probate proceeding such as the validity of the will document, the appointment of the Personal Representative, the value of the assets. In general, only people with an interest in the estate have the standing to challenge the Will. Usually "no contest" provisions in a will do hold up, unless the opponent can prove that the Will was signed under duress or by someone with the lack of capacity to sign the Will. However, if a Personal Representative does something improper such as self-dealing, they could still be removed despite the no contest provision.
Answered on Apr 11th, 2013 at 10:27 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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In Michigan a Will Contest normally is a challenge to the Will as a whole or a portion. This can be done for example by fraud, failure to comply with the statutory requirements of making a valid Will, etc. Removal of a Personal Representative is not normally considered a Will Contest per se but deals with the appropriate person to help administer the estate.
Answered on Apr 11th, 2013 at 10:26 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Something would be filed in Court contesting the Will.
Answered on Apr 11th, 2013 at 10:26 AM