Probate Litigation in Michigan

Even in the closest families, disagreements can surface when a loved one passes away or becomes unable to manage their own affairs. The loss, stress, and change that come with these moments can revisit long-term tensions and create confusion regarding everyone’s rights and obligations.

In these instances, Michigan’s probate courts provide the forum for resolving disputes involving estates, trusts, guardianships, and conservatorships. This area of law is known as probate litigation, and it focuses on protecting rights, enforcing legal documents, and ensuring that vulnerable people are treated fairly.

The Probate Court’s Exclusive Authority

Michigan’s probate courts have exclusive jurisdiction over disputes involving:

• Estates of deceased individuals
• Trusts and trustee conduct
• Guardianship and Conservatorship
• Powers of Attorney
• Capacity, undue influence, or exploitation

Even if someone created a trust to avoid the probate process, the probate court is still the place where trust disputes must be resolved, including challenges to the validity of a trust, allegations that a trustee has mismanaged funds, or conflicts over how the trust is being interpreted. The probate court oversees the administration of an estate and has the final say on any disagreements, with or without a will.

Because the probate judge is the only judge who can decide these issues, any serious dispute must be brought through a formal probate proceeding.

Disputes Involving Deceased Family Members

Many probate litigation cases begin after a family member dies. Emotions run high, and people who have rarely interacted suddenly find themselves navigating complex financial and legal matters together. Disputes may involve:

Will Contestationand Trust Challenges

Family members may challenge a Will or Trust by claiming:

• The person lacked mental capacity
• The document was the result of undue influence
• Forgery or fraud
• Someone changed the document without following legal requirements (illegal changes to a will)

These cases often require reverification through medical records, witness testimony, expert evaluations, and a clear understanding of how Michigan’s probate and trust statutes work.

Misconduct by a Personal Representative or Trustee

Fiduciaries, the people appointed to administer estates and trusts, have strict legal duties. When they fail to account for assets, delay distributions, refuse to communicate, or use funds for personal benefit, the probate court can step in. Remedies include compelling action, ordering repayment, removing the fiduciary, or appointing a successor.

Disputes Over Property and Personal Items

Sometimes the biggest conflicts arise not over money but over sentimental assets such as a watch, a piece of jewelry, family heirlooms, or the family cottage. Michigan probate judges routinely hear disputes about:

• Who should receive certain items
• Whether property should be sold or kept
• How to interpret vague or outdated language in a Will or Trust

Disputes Involving Incapacitated Family Members

Probate litigation is not limited to matters after death. When an adult is living but unable to make safe decisions due to dementia, illness, or disability, the court may need to resolve disagreements about:

• Who should serve as guardian or conservator
• How medical decisions should be made
• Whether long-term care or nursing home placement is appropriate
• How the person’s money should be managed and spent
• Whether someone is misusing a Power of Attorney

These cases touch on deeply personal topics: a parent’s safety, the preservation of assets, and the right to remain independent as long as possible. Judges must balance the individual’s protection while honoring their autonomy. Thus, having skilled legal guidance helps ensure that the person’s true wishes are honored.

Litigation as a Last Resort

Most families try to avoid litigation because we believe out-of-court settlements are the most effective and economical way to handle family disputes. Litigation is disruptive, emotional, and often expensive. But sometimes court intervention is the only way to protect a vulnerable person, stop financial misconduct, or ensure that the true wishes of the deceased are carried out.

When disputes reach the point where litigation is necessary, experienced counsel becomes critical. As probate litigators we:

• Protect your legal rights
• Ensure your voice is heard
• Guide you through a complex and technical process
• Provide realistic outcomes
• Work strategically, not emotionally

These cases often pit family members against each other, which makes sensitivity and discretion essential. We always try to balance assertive advocacy with an understanding of family dynamics and long-term relationships.