How to challenge a suspected forged will in Michigan

Quick answer: If you believe a will is forged, act quickly. In Michigan an “interested person” may file an objection with the probate court where the will was offered for probate. To have the will thrown out you will need to gather and present evidence (forensic document analysis, witness testimony, medical records, bank and phone records, and chain‑of‑custody proof) showing the will or signature is not genuine, or that the signature was procured by fraud or undue influence. The probate court decides will contests under civil standards; criminal charges for forgery are separate and handled by prosecutors.

Detailed answer — How the process works in Michigan

This section explains, step‑by‑step, how a will contest based on suspected forgery typically proceeds in Michigan, and what you need to prove.

1. Who can challenge the will?

Generally, any “interested person” may object to probate of a will. That usually includes beneficiaries named in the will, beneficiaries under a prior will, heirs who would inherit under intestacy, and sometimes creditors. If you aren’t sure whether you have standing, consult a probate attorney promptly.

2. Where to file and timing

File the objection in the probate court in the county where the decedent lived when they died or where the will was filed for probate. Do not wait. Michigan probate procedure requires timely objections once a will has been offered for probate. Courts and local rules can impose deadlines; if the estate assets are being distributed, seek immediate relief (for example, an emergency hearing or temporary restraining order) to preserve the estate.

3. Burden of proof and legal grounds

Common legal theories to invalidate a will include:

• Forgery: the signature (or entire will) was written by someone other than the decedent.
• Lack of testamentary capacity: the decedent did not understand the nature/extent of assets, the people who would naturally inherit, or the effect of making the will.
• Undue influence: another person used pressure or coercion to cause the decedent to sign the will or change beneficiaries.
• Fraud or improper execution: the will was procured by deceit or not executed according to law.

In probate will contests the proponent of the will initially relies on the will’s apparent validity; the objector must produce evidence to rebut it. The standard is a civil preponderance of the evidence (more likely than not) for most issues in probate contests.

4. Evidence you’ll want to gather

Strong evidence is key. Typical evidence used to prove forgery or other invalidating facts includes:

• The original document (never destroy or alter it); courts favor originals for handwriting and forgery analysis.
• Exemplar signatures — authenticated samples of the decedent’s handwriting from reliably dated documents (signed tax returns, bank signature card, prior wills).
• Forensic document examiner report — a qualified examiner can compare signatures and determine if a signature is inconsistent, traced, or otherwise not genuine.
• Witness testimony — people present when the will was signed, notaries, or those who saw the decedent’s signing habits.
• Medical records — evidence of dementia, cognitive decline, medications, or incapacity near the time the will was signed.
• Communications and contemporaneous notes — emails, texts, letters, or recordings showing someone pressuring the decedent or narrating suspicious conduct.
• Bank and transactional records — unusual transfers, sudden changes in accounts, or patterns showing control by a particular person.
• Chain of custody — proof showing how the will moved from the decedent to a third party; suspicious handoffs can support forgery allegations.

5. Typical procedural steps

1. Obtain a copy of the filed will and any related probate filings.
2. File a written objection or petition with the probate court contesting the will. Ask the court for a stay or injunction if distribution is imminent.
3. Serve the proponent of the will and other interested parties with your objection.
4. Conduct discovery: requests for documents, interrogatories, depositions of witnesses, subpoenas for medical and bank records.
5. Retain a forensic document examiner and any medical or mental capacity experts you may need to support your claim.
6. Attend mediation or settlement talks if offered, but be prepared for a hearing or trial on the contested issues.
7. If you obtain evidence that someone committed a crime (forgery), you may refer the matter to the local prosecutor. Criminal cases are separate from the probate contest and have a higher standard for conviction.

6. Possible outcomes

• If the court finds the will is forged or invalid, the will may be denied probate and the estate will be distributed under an earlier valid will or under Michigan intestacy laws (if no valid prior will exists).
• If the court upholds the will, the proponent’s version stands and distribution proceeds.
• Independent of probate, civil claims (fraud, conversion, constructive trust) may be available against the person who gained from the forged will.
• Criminal prosecution for forgery may be pursued by the state if the evidence supports it.

7. Emergency steps to protect the estate

If assets are being moved or distributed, ask the probate court immediately for temporary relief (an order freezing assets, blocking distributions, or appointing a temporary personal representative). Acting fast preserves evidence and prevents dissipation of estate assets.

8. Practical considerations and costs

Will contests can be emotionally draining and expensive. Forensic analyses, expert testimony, and litigation fees add up. Consider these when weighing whether to contest. Many contests settle once key evidence is exchanged.

Statutory resources and where to look in Michigan law

Michigan’s Estates and Protected Individuals Code (EPIC) governs probate and wills. For general statutory background, start at the Michigan Legislature’s website and search within Chapter 700 (EPIC): Michigan Legislature — Chapter 700 (Estates and Protected Individuals Code). For criminal forgery statutes, search the Michigan Penal Code sections on forgery at the Michigan Legislature site.

Example (hypothetical) to illustrate

Imagine an older person, Jane, dies. A “new” will appears naming a caretaker as sole beneficiary. The original will had left most of the estate to Jane’s children. The new will’s signature looks unusual. Jane’s children find no witnesses to the new will signing, discover Jane’s medical records show advanced dementia at the time, and see large transfers into the caretaker’s account. The children would:

1. Obtain the original will filed in probate.
2. Hire a forensic document examiner to compare Jane’s known signatures to the will signature.
3. Collect Jane’s medical records and bank records showing transfers.
4. File an objection and ask the court to freeze distributions.
5. Use the combined evidence (forensic report, medical proof of incapacity, suspicious transfers, lack of witnesses) to ask the court to deny probate of the new will.

Helpful hints

• Act immediately. Secure the original will and any other original documents. Time matters—evidence can disappear.
• Preserve evidence: copies of bank statements, phone records, emails, and letters may be decisive.
• Get exemplar signatures early (signed checks, past wills, tax returns) for a handwriting expert.
• Consult a probate attorney familiar with Michigan law before filing anything; probate rules and local procedures vary by county.
• Ask the court for temporary relief if distributions or asset transfers are occurring.
• Be prepared to pay for experts. Forensic examiners and medical experts are often necessary to win a contest based on forgery or incapacity.
• Consider alternatives — mediation or negotiated settlement — if litigation costs outweigh potential recovery.
• If you suspect a crime, you can also provide your evidence to local law enforcement or the county prosecutor for possible criminal investigation.

Where to get help

Contact a Michigan probate attorney right away. If you cannot afford one, look for legal aid programs, local bar association referral services, or probate self‑help resources at your county probate court.

Disclaimer: I am not a lawyer and this is not legal advice. This article is educational and provides general information on Michigan probate procedures and common steps people take when they suspect a forged will. For advice about your specific situation, please consult a licensed Michigan probate attorney.