A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more
The Michigan Court of Appeals recently issued a decision that addresses how much evidence is necessary for a will or trust contestant to carry burden of proof.
In this case, the decedent, Matthew, entered an assisted living...more
Undue influence occurs when an influencer uses improper influence (e.g., coercion, mind-poisoning, manipulation, threats) to cause the victim to execute a document that they would not have done, but for the undue influence....more
We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more
3/21/2023
/ Contested Proceedings ,
Heirs ,
Intestacy ,
Life Estates ,
Marriage ,
Marriage Licenses ,
Mental Health ,
Probate ,
Probate Courts ,
Surviving Spouse ,
Undue Influence Claims ,
Validity