Probate Litigation in Michigan: Resolving Contested Estates with Expertise and Determination

Probate litigation arises when disputes disrupt the administration of an estate, trust, will, guardianship, or conservatorship, turning what should be a straightforward process into a contentious legal battle. In Michigan, these conflicts often stem from allegations of undue influence, breach of fiduciary duty, incapacity, fraud, or improper handling of assets. Governed by the Estates and Protected Individuals Code (EPIC), probate litigation can involve will contests, trust disputes, contested guardianships/conservatorships, heirship determinations, creditor challenges, and more. These cases are emotionally charged, financially draining, and legally complex, frequently pitting family members against one another during times of grief or vulnerability.

At Patrick & Associates, PLLC, led by seasoned Michigan probate litigator Dean E. Patrick, we focus exclusively on contested probate matters. With decades of courtroom experience, we represent personal representatives, beneficiaries, heirs, trustees, guardians, conservators, and interested parties in high-stakes disputes. Whether you’re challenging a will’s validity, defending against accusations of mismanagement, contesting a guardianship appointment, or resolving trust interpretation conflicts, our firm provides aggressive, strategic advocacy to protect your rights and achieve favorable outcomes. We understand the profound personal impact of these cases and work tirelessly to minimize escalation while pursuing resolution—through negotiation, mediation, or trial when necessary.

Common Types of Probate Litigation We Handle

Probate disputes can take many forms, often requiring immediate intervention to prevent irreversible harm. Key areas include:

• Will Contests: Challenging or defending a will based on lack of capacity, undue influence, fraud, forgery, or improper execution. These cases demand strong evidence and timely filing before admission to probate.
• Trust Disputes: Contesting revocable or irrevocable trusts over validity, interpretation, amendment issues, or beneficiary rights. Litigation may involve removing trustees or seeking accountings.
• Breach of Fiduciary Duty: Claims against executors, trustees, guardians, or conservators for mismanagement, self-dealing, conflicts of interest, or failure to act prudently—often leading to surcharge, removal, or damages.
• Contested Guardianships and Conservatorships: Disputes over appointing, modifying, terminating, or removing guardians/conservators, especially in cases alleging abuse, neglect, or unsuitability. These involve sensitive hearings with guardian ad litem investigations and strict evidentiary standards.
• Heirship and Beneficiary Disputes: Determining rightful heirs, addressing omitted spouses/children, or resolving claims from pretermitted heirs under Michigan law.
• Creditor Claims and Estate Accounting Challenges: Contesting invalid debts, improper payments, or inaccurate inventories/accountings that deplete estate assets.
• Wrongful Death Integration: Coordinating probate with wrongful death proceeds distribution, ensuring compliance amid family conflicts.
• Other Contested Matters: Including elective share claims, spousal allowances, or disputes over asset valuation/distribution.

These issues frequently overlap, complicating resolution without skilled representation.

The Probate Litigation Process in Michigan

Litigated probate begins when a dispute arises during administration or via pre-admission challenges. Key stages:

• Filing Petitions/Motions: Initiate contests before will admission or file objections post-opening. For guardianships/conservatorships, petitions seek establishment, modification, or termination.
• Discovery and Investigation: Gather evidence through depositions, subpoenas, medical records, financial documents, and expert testimony (e.g., forensic accountants or psychologists).
• Hearings and Mediation: Many disputes require evidentiary hearings; courts encourage mediation to avoid trial.
• Trial: If unresolved, present cases before a probate judge (or jury in rare instances), requiring compelling arguments and admissible evidence.
• Appeals: Challenge adverse rulings through Michigan Court of Appeals if necessary.

Timelines vary—simple contests may resolve in months, while complex cases span years. Deadlines are strict; missing them can bar claims entirely.

Frequently Asked Questions About Probate Litigation in Michigan

Here are answers to some of the most common questions we receive about contested probate matters:

Risks of Self-Representation in Probate Litigation

Attempting to handle contested probate alone is highly risky:

• Procedural errors leading to dismissal.
• Inadmissible evidence weakening your case.
• Missed deadlines forfeiting rights.
• Personal liability for representatives.
• Emotional bias clouding judgment.
• Inadequate responses to opponents’ motions.
• Prolonged, costly escalation.

Family dynamics exacerbate these pitfalls, turning disputes personal. Professional advocacy levels the playing field against experienced opponents.

Benefits of Experienced Probate Litigation Representation

Retaining a dedicated probate litigator offers critical advantages:

• Strategic Case Building: Thorough investigation and evidence presentation to strengthen positions.
• Risk Mitigation: Protect against liability, surcharges, or unfavorable rulings.
• Efficient Resolution: Pursue settlements/mediation to reduce time and costs.
• Courtroom Advocacy: Aggressive trial representation when needed.
• Emotional Relief: Handle communications and details, allowing focus on healing.
• Maximized Outcomes: Secure fair distributions, removals, or protections.
• Comprehensive Guidance: Navigate overlaps with tax, real estate, or family law.

In contested guardianships/conservatorships, expert representation ensures vulnerable individuals receive appropriate care while defending rights.

How Patrick & Associates, PLLC Approaches Contested Cases

Our process is thorough and client-focused:

• Free initial consultation to evaluate merits and strategy.
• Detailed case analysis, including evidence review and potential outcomes.
• Aggressive pursuit of negotiation/mediation for swift resolution.
• Preparation for trial if settlement fails, with skilled courtroom advocacy.
• Ongoing communication and support throughout.

We handle all aspects, from filing to appeals, across Wayne, Oakland, and surrounding counties.

Why Choose Patrick & Associates, PLLC?

Dean E. Patrick brings over two decades of specialized experience in Michigan probate litigation, successfully resolving hundreds of contested matters—from multimillion-dollar trust disputes to sensitive guardianship battles. Our firm is known for tenacious representation, intellectual rigor, and compassionate client service. We prioritize efficient outcomes while fiercely protecting interests in probate court.

Don’t let a dispute erode your inheritance or a loved one’s protections. Self-representation often leads to regret—secure experienced advocacy from the start.

Message from a previous client:

It was a pleasure working with Mr. Patrick. To begin, he was very informative. Even though I was upset when we first met, Mr. Patrick was able to clearly explain exactly what would and might occur as a result of my legal situation. This was a great comfort to me.

During the entire process, Mr. Patrick made himself available to me day or night, weekday or weekend. Another great comfort through these upsetting times.

At the end of the day, Mr. Patrick did exactly as he promised. He was genuinely caring and took the time to listen. I would recommend Mr. Patrick to anyone who needs an attorney. Thank you, Mr. Patrick.