There can be many reasons a person might disinherit a legal heir from their will or fail to exclude them as a beneficiary of a trust. Perhaps family relationships are strained or the testator wanted to prevent assets from being misused. In blended families, a spouse might choose to prioritize their current spouse and children, rather than children from a previous marriage. Or, certain children may have a financial need for the inheritance while others are financially stable. Whatever the reason, it’s important to understand that you may have legal options available if you’ve been disinherited.

Key Takeaways

• Under Michigan law, an individual can generally disinherit a legal heir, but a surviving spouse and minor children have certain statutory rights that prevent them from being completely excluded from wills.
• Wills and trusts can be contested on specific grounds, such as undue influence, fraud, forgery, or lack of mental capacity.
• A surviving spouse can claim an “elective share” under Michigan law, even if they were cut out of their spouse’s will, but not as to a trust.
• A surviving spouse and dependent children may be entitled to the homestead and family allowances, which are exempt from creditors and may also apply if they were disinherited.

Can an Heir Be Disinherited in Michigan?

Under Michigan law, an individual has the authority to determine who should inherit assets from their estate. However, there are certain individuals who cannot be completely disinherited through a will, including a surviving spouse and minor children. If someone wishes to disinherit these heirs, it’s best to ensure the will or trust instrument specifically identifies the excluded person, clearly states the intention to disinherit them, and uses explicit language to reduce ambiguity.

Importantly, even though their inheritance may be limited, a surviving spouse cannot be completely disinherited from the other spouse’s will due to their statutory right to claim an elective share. If disinherited through a trust, a spouse cannot claim an elective share, but they can still get homestead, family, and certain exempt property allowances.

What are Your Options if You’ve Been Disinherited?

Learning that you’ve been disinherited from a loved one’s will or trust can be shocking and confusing. However, it’s essential to be aware that you may have options, depending on the circumstances and your relationship to the decedent. The options you may have available if you’ve been disinherited from a loved one’s will or trust can include the following:

Contest the Will or Trust

A disinherited heir has the right to challenge a will or trust in probate court if they have valid grounds to do so. Under Michigan law, a will or trust may be contested based on the following:

• Undue influence: In the event someone improperly coerced the testator into executing the will or trust, or changing the terms to benefit them, a legal heir may be able to contest the instrument on the grounds of undue influence.
• Fraud or forgery: A will or trust can be contested if the testator was tricked into signing it or someone else forged their signature.
• Lack of mental capacity: If it can be proven that the testator lacked the mental capacity to know what they were signing, a will or trust may be rendered invalid.
• Improper execution: There are certain requirements that must be met in order for a will or trust to be legally valid. If these requirements are not met, the instrument may be deemed void.

Contesting a will or trust can be challenging and requires strong evidence. Depending on the facts of the case, evidence may include medical records, doctor testimony, handwriting expert analysis, and financial records. Critically, there are strict statutes of limitation in place to contest a will or trust in Michigan. A trust contest must typically be brought within two years after the decedent’s passing or six months after the trustee sends proper notice of the trust’s existence and of the time limit, whichever comes first. Generally, to challenge a will, an objection must be raised before the formal admission of the will into probate court, although sometimes there may be procedural grounds to allow a challenge up to 21 days after entry of a formal order of testacy validating the will.

Claim the Elective Share (If You are the Spouse)

The elective share is a statutory right that allows a surviving spouse to claim a portion of the deceased spouse’s estate, regardless of what their will states. This ensures a spouse cannot be completely excluded from a will. Michigan law specifies the elective share as “one-half the sum or share that would have passed to the spouse had the testator died intestate, reduced by one-half of the value of all property derived by the spouse from the decedent by any means other than testate or intestate succession upon the decedent's death.” However, if a spouse is disinherited through a trust, this protection does not exist. Rather, the spouse could only claim certain limited allowances.

Claim the Homestead and Family Allowances

A spouse or minor child may also be entitled to claim the homestead and family allowances, even if the decedent’s will or trust disinherited them. Specifically, the homestead allowance allows a surviving spouse (or each dependent child if there is no spouse) to claim $15,000 (adjusted upwards yearly for inflation) from the estate. Similarly, the family allowance provides for maintenance of the spouse and dependent children during the administration of the estate, even if they were written out of the will or trust. These allowances are exempt from all claims against the decedent’s estate and have priority over creditors.

Determine Whether the Property Passes Out of Probate

Even if you were disinherited from a family member’s will or trust, you should determine whether you are entitled to any property that passes outside of probate. Jointly owned real estate and accounts with beneficiary designations do not follow the same inheritance rules and override any provisions of a will or trust. Some common examples of assets that pass directly to a designated person, rather than go through probate, can include life insurance policies, retirement accounts, transfer-on-death accounts, and payable-on-death accounts.

Contact an Experienced Michigan Trusts and Estates Attorney

If you were disinherited from a loved one’s will or trust, a knowledgeable trusts and estates attorney can advise you regarding your options and potential remedies. At Barron, Rosenberg, Mayoras & Mayoras, we are dedicated to helping families navigate the complexities of the probate process and protecting their inheritance rights. 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.