From the Blog

Will/Trust Litigation

STAVALE & GEMMETE, PLLC is retained throughout the State of Michigan to defend individuals and corporations in actions challenging testamentary documents based upon various legal theories, including, but not limited to, undue influence, lack of capacity, fraud, and forgery. Likewise, STAVALE & GEMMETE, PLLC has represented hundreds of clients in the probate courts throughout the State of Michigan challenging testamentary documents based upon similar theories.

In a recent case, STAVALE & GEMMETE, PLLC was successful at the appellate level in overturning the probate court’s decision to enforce a no contest clause against its client. As a result of the appeal filed by Stavale & Gemmete, PLLC, the appellate court overturned the probate court’s enforcement of the no contest clause and reinstated their client as a beneficiary of her mother’s trust allowing her to receive a substantial inheritance.

In another matter, STAVALE & GEMMETE, PLLC convinced the probate court to uphold the validity of a decedent’s Will and Trust, which was executed by the decedent approximately one year prior to his death. The contestant in this matter, the spouse from a second marriage, who had filed for divorce, challenged the Will and Trust based upon lack of capacity and undue influence. After discovery and the denial of numerous petitions filed by the contestant, she agreed to withdraw her objections and enter into a settlement which acknowledged the validity of the Will and Trust. In the settlement STAVALE & GEMMETE, PLLC protected, in full, the rights of the decedent’s children from his first marriage, while minimize the litigation expenses to each of them.

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