When a loved one passes away, the last thing any family wants is a legal battle over their estate. Yet disputes over wills, trusts, and inheritance are more common than many people realize—and St. Clair County is no exception.
Probate litigation in St. Clair County follows the same Michigan laws that govern estate disputes statewide, but understanding how these cases work in the local probate court can help you protect your interests and make informed decisions. Whether you believe a will was the product of undue influence, suspect a trustee of mismanaging assets, or have been wrongly excluded from an inheritance, knowing your legal options is the first step.
This guide explains the most common types of probate disputes handled by the St. Clair County Probate Court, the legal grounds for contesting a will or trust under Michigan law, and practical strategies for resolving these conflicts—including when mediation might help your family avoid a costly trial.
The St. Clair County Probate Court: Where Estate Disputes Are Heard
The St. Clair County Probate Court handles all estate and trust litigation for decedents who were domiciled in St. Clair County or who owned property there. The court is located at 201 McMorran Blvd, Room 2700, Port Huron, MI 48060, and can be reached at (810) 985-2066.
This court has jurisdiction over will contests, trust disputes, guardianship and conservatorship matters, and claims involving fiduciary misconduct. If you need to challenge a will, remove a personal representative, or hold a trustee accountable for mismanagement, the St. Clair County Probate Court is where your case will be filed and heard.
Common Types of Probate Disputes in St. Clair County
Will Contests
A will contest challenges the validity of a decedent’s will. Common grounds include allegations that the testator lacked mental capacity to understand what they were signing, that someone exerted undue influence over the testator, that the will was procured through fraud or duress, or that the will was not properly executed under Michigan law.
Will contests often arise when a will contains surprising provisions—such as disinheriting a child or leaving a disproportionate share to a caregiver or new acquaintance—especially if those changes were made shortly before death.
Trust Disputes
Trusts can be challenged on many of the same grounds as wills: lack of capacity, undue influence, fraud, or improper execution. Additionally, trust litigation frequently involves claims that a trustee breached their fiduciary duties by mismanaging assets, failing to provide required accountings, engaging in self-dealing, or refusing to make distributions required by the trust terms. Under MCL 700.7814, trustees have a duty to keep qualified beneficiaries reasonably informed about the administration of the trust and provide accountings upon request—failure to meet these obligations can form the basis of a breach of fiduciary duty claim.
Beneficiary Disputes
Even when a will or trust is valid, beneficiaries may disagree about how assets should be distributed. Ambiguous language, missing assets, disputes over personal property, and disagreements about the decedent’s intentions can all lead to litigation. These conflicts are especially common in blended families or when relationships between beneficiaries have deteriorated.
Capacity and Exploitation Cases
Some of the most emotionally difficult probate disputes involve allegations that an elderly or vulnerable person was exploited. These cases often combine claims of undue influence with evidence of financial exploitation, isolation from family, or cognitive decline that left the decedent unable to protect themselves.
Understanding Undue Influence Under Michigan Law
Undue influence is one of the most frequently alleged grounds for contesting a will or trust in Michigan. To prove undue influence, you must show that someone used coercion, manipulation, threats, or deception to overcome the testator’s free will and cause them to make a disposition they would not otherwise have made.
Michigan courts have held that merely having motive and opportunity to influence someone is not enough. There must be affirmative evidence that influence was actually exerted and that it overpowered the testator’s independent judgment.
However, a presumption of undue influence may arise when three factors are present: a confidential or fiduciary relationship existed between the testator and the alleged influencer, the alleged influencer benefited from the transaction, and the alleged influencer had the opportunity to exert influence. When this presumption applies, the burden shifts to the beneficiary to produce evidence rebutting the inference of undue influence.
Lack of Testamentary Capacity
To execute a valid will in Michigan, a person must have testamentary capacity at the time of signing. This means they must understand the nature of making a will, have a general understanding of the nature and extent of their property, know who would naturally inherit from them (such as spouse and children), and understand the disposition they are making.
Capacity challenges often rely on medical records, testimony from family members and caregivers, and expert opinions about the decedent’s cognitive state at or near the time the will was signed. A diagnosis of dementia or Alzheimer’s disease does not automatically invalidate a will—the question is whether the person had capacity at the specific moment of execution.
How to Contest a Will in St. Clair County
To contest a will in St. Clair County, you must be an “interested person” under Michigan law. This generally includes heirs, beneficiaries named in the will or a prior will, nominated personal representatives, and in some cases, creditors.
The process begins by filing a petition or objection with the St. Clair County Probate Court. Under MCL 700.3407, any interested person may file a formal proceeding to contest the validity of a will, request that the court interpret a will, or determine the heirs of a decedent. Your petition must identify the legal grounds for your contest—such as undue influence, lack of capacity, fraud, or improper execution—and explain the factual basis for your claims.
After filing, interested parties must be served with notice. The case then proceeds through discovery, where both sides exchange documents, take depositions, and gather evidence. Many cases are referred to mediation before trial. If the dispute cannot be resolved, the court will hold an evidentiary hearing where a judge determines whether the will is valid.
Timing matters in will contests. While Michigan does not impose a strict statute of limitations for all will contests, delays can complicate your case and may result in assets being distributed before your challenge is resolved. If you believe you have grounds to contest a will, consult with a probate litigation attorney promptly.
Gathering Evidence in Probate Litigation
Building a strong probate litigation case requires thorough evidence gathering. Key categories of evidence include:
- Medical records: Hospital records, primary care notes, neurological evaluations, and medication lists can establish whether the decedent had cognitive impairments affecting their capacity or vulnerability to influence.
- Prior estate planning documents: Comparing earlier wills and trusts to the contested document can reveal sudden, unexplained changes in beneficiaries or distributions that support undue influence claims.
- Financial records: Bank statements, investment accounts, and beneficiary change forms may show suspicious transfers, gifts to the alleged influencer, or patterns of financial exploitation.
- Witness testimony: People who observed the decedent around the time of signing—including attesting witnesses, notaries, family members, caregivers, and professional advisors—can provide crucial testimony about the decedent’s mental state and relationships.
- Electronic communications: Emails, text messages, and social media posts may reveal isolation tactics, pressure campaigns, or statements about the decedent’s intentions that contradict the contested document.
- Expert witnesses: Medical experts can opine on capacity, forensic accountants can trace missing assets, and handwriting experts can evaluate forgery claims.
Mediation and Settlement in St. Clair County Probate Disputes
Not every probate dispute needs to go to trial. Mediation offers a confidential, less adversarial way to resolve estate conflicts while preserving family relationships and reducing legal costs.
In mediation, a neutral third party helps the disputing parties negotiate a resolution. Mediation can address will contests, trust disputes, fiduciary removal, and beneficiary conflicts. Sessions typically occur after some discovery has taken place, so each side understands the strengths and weaknesses of their position.
Michigan courts, including the St. Clair County Probate Court, regularly encourage or refer parties to mediation. While mediation is not mandatory in all probate cases, it is widely used and often effective.
Settlement strategies in probate mediation might include adjusted distributions among beneficiaries, structured buyouts of contested assets, agreed removal or surcharge of a fiduciary, or modifications to trust administration. For families in close-knit communities like Port Huron and throughout St. Clair County, mediation can resolve disputes while limiting the emotional toll of prolonged litigation.
Costs and Timelines in Probate Litigation
Probate litigation costs vary significantly based on the complexity of your case, the amount of discovery required, whether expert witnesses are needed, and whether the case settles early or proceeds to trial.
Factors that increase costs include multiple depositions, contested hearings on preliminary matters, forensic accounting or medical expert fees, and appeals. Cases involving straightforward interpretation disputes typically cost less than those requiring proof of undue influence or capacity challenges.
Timelines also vary. A contested probate matter in St. Clair County can take several months to over a year depending on the court’s calendar, the pace of discovery, and whether the parties attempt mediation. Cases that settle at mediation resolve faster and cost less than those that go to trial.
Because every case is different, the best way to understand potential costs and timelines is to consult with a probate litigation attorney who can evaluate your specific situation.
Frequently Asked Questions About Probate Litigation in St. Clair County
What probate disputes does the St. Clair County Probate Court handle?
The St. Clair County Probate Court handles will contests, trust disputes, claims against personal representatives and trustees, beneficiary conflicts, and matters involving guardianships and conservatorships. The court applies Michigan probate law to resolve these disputes for decedents who lived in St. Clair County or owned property there.
How do I contest a will in St. Clair County, Michigan?
To contest a will, you must file a petition or objection with the St. Clair County Probate Court as an interested person. Your filing must state recognized legal grounds such as undue influence, lack of testamentary capacity, fraud, or improper execution. The case then proceeds through notice, discovery, potential mediation, and if necessary, an evidentiary hearing.
What is undue influence under Michigan probate law?
Undue influence occurs when someone uses coercion, manipulation, or deception to overpower the free will of a testator or trust settlor, causing them to make estate planning decisions they would not otherwise have made. A presumption of undue influence may arise when the alleged influencer had a confidential relationship with the decedent, benefited from the transaction, and had opportunity to exert influence.
Is mediation available for probate disputes in St. Clair County?
Yes. Mediation is widely used in Michigan probate disputes and is often encouraged by the court. Mediation provides a confidential setting to negotiate resolutions for will contests, trust disputes, and fiduciary conflicts without the cost and uncertainty of trial. Many St. Clair County probate cases settle through mediation.
How much does probate litigation cost in St. Clair County?
There is no standard fee for probate litigation. Costs depend on attorney hourly rates, case complexity, the extent of discovery, expert witness needs, and whether the case settles or goes to trial. Contested litigation typically costs more than routine probate administration. A consultation with a probate litigation attorney can help you understand potential costs for your situation.
Do I need a local attorney for probate disputes in St. Clair County?
Any Michigan-licensed attorney can appear in St. Clair County Probate Court. However, working with attorneys who have experience in probate litigation and familiarity with Southeast Michigan courts can be valuable. Our Shelby Township-based firm regularly handles probate disputes in St. Clair County and throughout the region.
Protect Your Inheritance: Take Action Now
Probate disputes are emotionally difficult and legally complex. Whether you are contesting a will, defending against a challenge, or seeking to hold a fiduciary accountable, having experienced legal guidance makes a significant difference in the outcome.
At Boroja, Bernier & Associates, our probate litigation attorneys help families throughout Southeast Michigan resolve estate disputes effectively. From our main office in Shelby Township, we regularly appear in the St. Clair County Probate Court and probate courts across Macomb County, Oakland County, and Wayne County.
To schedule a consultation with the Michigan probate attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We will evaluate your situation, explain your legal options, and help you protect your rights and your family’s legacy.
