Bringing Will contest to trial

[denv]

What is the name of your state? Michigan
We have been in a lenghty (over 4 years) battle contesting a will. The major problem is we cannot get the court to bring it to a trial. We were informed today it might be 2009 before a trial could be heard. There have been 3 settlement hearings/pretrial conferences with no resolution. Is there anyway we can force the issue to bring it trial?

 

[MrsMoe]

Why are you contesting the will?

There are only 2 ways to contest:

1. It was forged/faked and you need solid proof that it was
2. It was done under duress (IE Gun to your head or done to somebody who was severely mentally incapable of understanding reality)

 

[denv]

Why are you contesting the will?

We have a strong case, closed head injury, proponents kept her illness and injury secret from friends and family, the proponets even lied to her where abouts before her death, will was signed 10 hrs before death ( fill in the blank will), they also looted her belongings cashed checks form her account after death etc.
The problem is the judge doesnt want to hear any trials before his retirement, he has even told the proponents attorney " a jury would have a hard time believing she had the mental capacity to sign the will).
We are wondering what can we do to force the action to trial?

 

[Dandy Don]

Did the proponents also have power of attorney?

Was she taking medications that could have influenced her judgement?

What is the value of the estate?

Ask your attorney if there is any way that they can ask for your case to be heard by a different probate judge--surely there is more than one in that particular county. Another factor may be that there may be lots of probate cases that need to be heard before they get to yours.

DANDY DON IN OKLAHOMA ([email protected])

 

[denv]

They had power of atorney but cashed the check and used her credit cards after she died.

The med's for her thyroid and heart weren't given and she was pain med for her injuries and in addition she had not eaten 3 days before her death.

we feel our attorneys are afraid to ask the for a new judge, for fear of repercussion.
We were also told it would better to let the presiding judge retire (a year away) then let whoever the case is assigned to take it from there. What we cant believe is that we have a judical system that is not working.
As far as the cases in front of ours keep in mind this has been going on for over 4 yrs. The judical system (presiding judge) is what is keeping this from going to trial. why do judges have so much power?
as far as the estate size - over $5million after the estate taxes were paid.

I do appreciate you replies.
thanks
D

 

[seniorjudge]

...What we cant believe is that we have a judical system that is not working....

What I can't believe is when I see a judicial system that is working!

Anyway, pay attention to your lawyers and not a bunch of anonymous posters on an internet forum!