New Hampshire recently passed a law designed to prevent lawsuits about Wills, inheritances and, most importantly, disinheritances. The new law allows a Will to be probated - and found to be legal and binding - BEFORE a person passes away.
A New Hampshire law firm was seeing an alarming increase in the number of probate and trust cases that were being litigated. "It was just devastating families and the attorney fees were consuming whatever estate there was," says Sally Mulhern, one of the firm's attorneys. So, she and her husband decided to lobby for a change.
Under the new law, the process of drafting a Will does not change, but someone with a controversial Will can ask for a hearing before a probate judge to determine the validity of the document. All the parties who have an interest in the Will are invited to the hearing. The judge then decides whether the Will should be accepted as the person's Last Will and Testament. "It is possible that some heirs who would...make certain claims after the person is gone would be reluctant to say [those same things to the person's face in court]," says Dave Mulhern.
Michigan does not have a similar law. However, it might still be possible to get the same type of protection for a person who is willing to have a conservator appointed by the Court.