Do I need a will in Michigan?
Almost every adult does; but not for the reason most people assume. A will is less about dividing money than about naming the people who will be in charge.
People put off a will because they believe it is for the wealthy, or because they assume their spouse and children will simply receive everything anyway. Neither is quite right. Michigan already has a set of default rules that decide who inherits when you die without a will. A will exists so that your choices replace those defaults; and so that a judge is not the one picking who raises your children or settles your affairs.
What a Michigan will actually does
- Names your personal representative. This is the person who gathers your assets, pays valid debts and distributes what is left. Without a will, the court appoints someone according to a statutory priority list, which may not be who you would have picked.
- Nominates a guardian for minor children. For parents of young children this is usually the single most important paragraph in the document.
- Directs who receives what. Specific gifts, percentages, or shares held back until a child is old enough to handle them.
- Can create a trust at your death. A will can build a trust for a minor or a beneficiary who should not receive a lump sum.
- Can reference a personal property memorandum. A separate signed list of specific belongings you can update later without redoing the will.
What a will does not control
This surprises people constantly. A will only governs assets that pass through probate in your sole name. It does not override:
- retirement accounts, IRAs and life insurance with a named beneficiary;
- payable-on-death or transfer-on-death accounts;
- property held jointly with rights of survivorship;
- anything already titled in the name of a living trust;
- a home transferred by a lady bird deed .
The most common mistake we see
Who needs more than a will
A will does not avoid probate. It is the instruction manual for probate. If keeping your family out of court matters to you, a will alone will not do it; see wills vs. trusts. A revocable living trust is usually worth considering when you own real estate, especially in more than one state, when you have minor or vulnerable beneficiaries, when your family is blended, or when privacy matters to you.
And nearly everyone needs the lifetime documents
A will does nothing while you are alive. If you are incapacitated, your family needs a financial power of attorney and a patient advocate designation. Without them, the alternative is a guardianship or conservatorship case in probate court.
What happens if you skip it
Michigan's intestacy statute takes over. The share your spouse receives depends on whether you had children, and whether those children are also your spouse's; the result is often not what couples expect. Read what happens if you die without a will in Michigan for how those shares work.
Get it done properly
Attorney Badri Yono Jr. of Foster Swift Collins & Smith, P.C. prepares Michigan wills and complete plans for a flat fee quoted in writing before any work begins.
This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship.
Talk with Attorney Badri Yono Jr.
Tell us about your family and we'll connect you directly with Attorney Badri Yono Jr. of Foster Swift; with a flat fee quoted in writing before any work begins.