Leavenworth, KS asked in Probate for Michigan

Q: Found a typed will in my stepdads belongings, he signed but there are no witness signatures. Is it legal?

My stepdad, passed away a few months ago. Recently we were cleaning out his rental when we came across a typed “will and testament” that he signed and dated. It names an executer and beneficiaries, but doesn’t have witness signatures. Is it legal?

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2 Lawyer Answers
Andrew M Steiger
Andrew M Steiger
Answered
  • Probate Lawyer
  • Grosse Pointe, MI
  • Licensed in Michigan

A: It is possible to probate a will in Michigan that does not comply with the minimum will standards, including the witness signatures, if you can establish by clear and convincing evidence that the decedent intended the document to be his will.

Nina Whitehurst and Trent Harris agree with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: Without actually seeing the will it is impossible to say for sure. It MAY be possible, or it could lead to expensive litigation leading nowhere. The BEST way to proceed is to consult with a local probate attorney who can review the complete situation and all the facts and provide you real advice.

This is NOT going to be a DIY situation however, so don't think you can 'get by' without help!

-- This answer is for information purposes only, and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Seek competent local legal advice!

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