Whether the issue concerns a will contest, a breach of fiduciary duty, conflict among beneficiaries, or another estate-related issue, there is a strict legal process that takes place after an estate dispute is filed in Michigan. Although every case is unique, the steps involved in resolving these types of actions follow structured procedures governed by the Michigan court rules and the applicable probate statutes.

While an estate litigation attorney can best guide you through the process, here’s what you can generally expect to happen when an estate dispute is filed in Michigan:

1. Filing a Petition

An estate dispute is commenced by filing a formal petition with the court and serving it upon the interested parties. The complaint must identify the parties involved, the background facts that gave rise to the dispute, the legal claims, and the request for relief. The parties who have been served will have the opportunity to respond to the complaint by filing a response. The case then moves into the stages of litigation.

2. Initial Hearing

Once litigation has commenced, the court will schedule a hearing. At the first court appearance, the judge will typically outline the framework for how the case will proceed. The judge will determine whether all parties have been properly served and that the case can proceed forward. They might also address emergency requests, such as a motion to freeze assets or the appointment of a temporary fiduciary. However, most substantive issues are dealt with in motions that are filed during the litigation process or at trial.

3. Estate Freeze

Depending on the issues in the case, the court may issue an order restricting estate administration after an estate dispute is filed in Michigan. For instance, the judge may issue a temporary restraining order or injunction to prevent transfers of assets or distributions from the estate. They might also suspend or remove the personal representative, or require court approval before certain actions are taken. Some cases may involve the appointment of a temporary fiduciary.

4. Discovery

Discovery is the mandatory phase of litigation where the parties exchange information, learn about each other’s positions, and gather evidence to support their claims. It can also be the most time-consuming phase of an estate dispute filed in Michigan. There are a wide range of discovery tools that can be used, including:

• Depositions: Depositions are question and answer sessions where parties, witnesses, or others who can provide relevant information testify under oath outside the courtroom. This discovery tool can help clarify information, give attorneys the opportunity to ask follow up questions, test credibility, and gather information.
• Interrogatories: Interrogatories are a series of written questions that must be answered under oath.
• Requests for the production of documents: This tool can be used to obtain documents such as wills, financial statements, bank records, accountings, medical records, emails and written communications, and other documents.
• Requests for admission: Requests for admission are a series of statements that must be admitted or denied under oath. This tool can be used to streamline the issues for trial.
• Subpoenas: Subpoenas can be used to obtain information from third parties, such as banks or financial institutions.

Critically, the discovery phase plays a key role in shaping the outcome of an estate dispute filed in Michigan. It is vital for uncovering the full scope of the facts, evaluating the strength of each party’s claims, and determining whether the issues can be resolved or a trial is necessary.

5. Mediation

After the discovery process has concluded, the judge may encourage the parties involved in the dispute to attempt mediation. Parties can also enter into mediation voluntarily at any time during their case. This process allows the parties to discuss their concerns openly and honestly outside of court in order to reach a settlement. Mediation can address many aspects of a case that the litigation process cannot, such as family dynamics and emotional considerations. It offers flexibility and control over the outcome, allowing the parties to find creative solutions that may not be available in the courtroom. Barron, Rosenberg, Mayoras & Mayoras shareholder Andrew W. Mayoras is a trained mediator who can skillfully assist clients with resolving estate issues in mediation, while avoiding the stress, time, and costs associated with litigation.

6. Settlement

If the parties in the estate dispute are able to reach a settlement, either through negotiations or using mediation, it must be documented in writing and submitted to the court for review. After a judge signs the agreement, it becomes a binding order, and a trial is not necessary.

7. Trial

If a settlement cannot be reached between the parties, the case will proceed to trial where a judge will hear testimony, evaluate evidence, and ultimately render a determination on the contested issues. A trial typically begins with opening arguments from each side, followed by the presentation of evidence, testimony, and documentary exhibits, such as medical records, financial records, estate documents, or other relevant documents in the case. Each party will have the opportunity to present their legal arguments, cross-examine opposing witnesses, and challenge the evidence presented. The court’s decision based on the evidence presented at trial is final, unless there are grounds to file an appeal.

Contact an Experienced Michigan Estate Litigation Attorney

If you are involved in an estate dispute filed in Michigan, it’s important to have a knowledgeable estate litigation attorney by your side who can help you navigate the process. The attorneys at Barron, Rosenberg, Mayoras & Mayoras provide high-quality legal services and skillful guidance to clients for a wide range of estate disputes and are well-versed in both estate litigation and probate mediation. Schedule a consultation today by calling (248) 641-7070 in Michigan or (941) 222-2199 in Florida to learn how we can assist you. You can also use our simple online contact form.