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.
Probate disputes can take many forms, often requiring immediate intervention to prevent irreversible harm. Key areas include:
These issues frequently overlap, complicating resolution without skilled representation.
Litigated probate begins when a dispute arises during administration or via pre-admission challenges. Key stages:
Timelines vary—simple contests may resolve in months, while complex cases span years. Deadlines are strict; missing them can bar claims entirely.
Here are answers to some of the most common questions we receive about contested probate matters:
Common grounds include lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or duress. Evidence must be clear and convincing, and contests must typically be filed before the will is admitted to probate.
Trusts can be challenged for similar reasons as wills—lack of capacity, undue influence, fraud—or for issues like improper amendment, trustee misconduct, or ambiguous terms. Timing depends on whether the trust is revocable or irrevocable.
It occurs when an executor, trustee, guardian, or conservator fails to act in the best interests of beneficiaries or the protected individual, such as through self-dealing, mismanagement, or conflicts of interest. Remedies include removal, surcharge, or damages.
File a petition to contest appointment, seek modification, removal, or termination. The court requires clear evidence, often involving a guardian ad litem investigation and hearings focused on the individual’s best interests.
Undue influence involves coercion that overrides the person’s free will. We gather evidence like medical records, witness testimony, and circumstantial proof to challenge documents or appointments affected by it.
Yes—many probate courts encourage or require mediation. It can lead to faster, less costly resolutions while preserving family relationships, though we prepare for trial if settlement fails.
Procedural errors, missed deadlines, inadmissible evidence, and emotional bias can lead to dismissed claims, personal liability, or unfavorable outcomes. Experienced counsel is critical in contested cases.
Simple disputes may resolve in months; complex cases involving discovery, experts, or trials can take 1-3 years or longer, including potential appeals.
Yes—we represent clients through the Michigan Court of Appeals and beyond when challenging or defending probate court rulings.
Attempting to handle contested probate alone is highly risky:
Family dynamics exacerbate these pitfalls, turning disputes personal. Professional advocacy levels the playing field against experienced opponents.
Retaining a dedicated probate litigator offers critical advantages:
In contested guardianships/conservatorships, expert representation ensures vulnerable individuals receive appropriate care while defending rights.
Our process is thorough and client-focused:
We handle all aspects, from filing to appeals, across Wayne, Oakland, and surrounding counties.
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.
Contact us today at (248) 663-2566 or complete our online form for your complimentary consultation.
Let us fight for the resolution you deserve.
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.
