Ann Arbor, MI asked in Estate Planning for Michigan

Q: My parents will left everything to my brother. If my brother died prior to me everything would pass to me.

My brother died but willed the estate to someone else. Can I challenge the will?

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Someone would need to see the language of the will, and know in what order people passed away. If your parents are deceased while your brother was alive, then all of their stuff would belong to him, and now his estate, to be distributed as he chooses. If your brother died before your parents, then everything should go to you if that's how your parents' wills are written.

Kenneth V Zichi , Jay D Mukerji and Michael Zamzow agree with this answer

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

A: Your facts don't lead to an answer to your question. The question "Can I challenge the will" doesn't hinge on whether or not your brother died before you or if he left his estate to someone else in a will.

Challenging a will is only proper for very specific reasons like duress or undue influence or incapacity.

Please seek local representation from a licensed attorney who practices Probate in the Court your parent's will(s) will be handled in. This is NOT a simple DIY sort of thing -- you need to find someone who can guide you through the determination to see if a will contest is appropriate.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Jay D Mukerji agrees with this answer

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