How can someone challenge an intestate succession ruling?

Challenging an intestate succession ruling in Michigan is done through the probate courts in the county where the decedent (the individual that has passed away) resided at the time of death. The court process is called “Contesting a Will or Intestate Succession” and can be complicated and costly. The first step is to file a “Notice of Intention to Contest” to the court and each of the interested parties. This needs to be done within four months of the date of the issuance of the letters of administration. After the notice is filed, the interested parties will have an opportunity to reach an agreement on the succession without going to court. If an agreement cannot be reached, then the court will hear the dispute. In order to be successful in contesting an intestate succession, the person challenging it must have an appropriate legal reason. The main reasons one might challenge a ruling would be if the intestate succession does not comply with Michigan law, is not in accordance with the decedent’s wishes, or if there is evidence of fraud or undue influence. If the court finds in favor of the challenger, the intestate succession ruling could be overturned. The court may order a different disposition of the estate than what was decided in the intestate succession.

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