A will often creates the foundation of estate planning for Michigan families, business owners, aging adults, and anyone seeking clarity and control over their future.
However, not knowing what they require under Michigan law, how to properly draft them, or what’s required to administer them can lead to major problems.
Let our experienced Michigan will attorneys explain what you need to know about these important estate planning tools to help ensure your goals are met, your wishes are honored, and your loved ones are cared for.
How a Michigan Will Can Help You
A properly drafted Michigan will can help ensure that your assets are passed on according to your wishes, that someone you trust manages your estate, and that your loved ones receive protection during a difficult time.
Individuals in Michigan often use wills to accomplish several important functions:
- Name a personal representative (executor) – This individual manages your estate, pays debts, and distributes assets.
- Distribute probate assets – Your will directs the court and your personal representative on who should receive what from your assets or property.
- Name guardians for minor children – Without a will, Michigan courts decide guardianship without your input through Michigan’s intestacy laws
- Provide specific or personal instructions – Your will can include personal instructions to accommodate how you want your property distributed, such as charitable giving or legacy planning.
However, it’s important to note that a will only controls assets in your name alone. That means property without beneficiary designations (also known as “probate property”) are not controlled by your will, and thus pass outside of probate. This property can include jointly owned property or accounts with beneficiaries.
Our Michigan will attorneys are ready to help you with every aspect of setting up your will, ensuring that your wishes are fully respected and your legacy is honored.
Legal Requirements for a Valid Will in Michigan
In Michigan, a Last Will and Testament is more than just a generic form expressing your wishes after you pass away.
Rather, this document must meet all of the legal requirements set out in Michigan law, along with providing the specific language needed to clearly express your wishes regarding the distribution of your property after your death.
In Michigan, wills are governed by the Estates and Protected Individuals Code (EPIC). These laws provide several pathways to creating a valid will.
As outlined in the statutes above, the main requirements for a standard written will include:
- The testator (creator of the will) must be at least 18 years old
- The will must be in writing
- The testator must sign the will
- At least two witnesses must sign the will within a reasonable time after witnessing the signing or acknowledgment
Michigan also recognizes:
Holographic wills
Holographic wills are handwritten wills that meet legal requirements. A handwritten will may be valid even without witnesses if:
- It was written by the testator
- It is dated
- It is signed by the testator
- If the testator’s signature and the document’s material portions are in the testator’s handwriting
However, the questionable nature of holographic wills often create confusion or litigation. Thus, it is highly recommended by our will attorneys to only use a holographic will in an emergency situation.
Electronic wills
Recognizing that many people prefer digital forms and documents for their convenience, Michigan recently became the first state in the country to legally recognize “digital wills” as being technically valid, so long as they meet the same requirements of other wills:
- The testator must electronically sign it
- Witnesses must be present and sign electronically
- The document must be stored securely to prevent tampering
However, these wills are far from common and are often more complicated than convenient.
For example, common issues with Michigan digital wills include difficulties ensuring a will is protected from unauthorized changes and issues when proving who witnessed their “signing”.
Because of these and other issues, electronic wills are rarely advisable.
Knowing all that is needed to legally establish your will in Michigan, it’s best to rely on our experienced will attorneys at Mall Malisow & Cooney to ensure all legal requirements are met.
Common Mistakes with Michigan Wills
A well-drafted will is as unique as you are. That means yours needs to include specific, clear direction to ensure your wishes are followed after you pass away.
However, people frequently make errors that render their wills invalid, incomplete, or ineffective.
The most common will mistakes include:
- Failing to follow Michigan’s witness requirements
- A will signed without proper witnesses (or no witnesses) is often contested or denied by the probate court
- Not updating the will
Major life events require updates, including:
- Marriage or divorce
- Birth or adoption of a child
- Death of a named beneficiary
- Significant financial changes
For example, Michigan law automatically revokes provisions for a former spouse in many cases. Thus, failing to update beneficiary designations can cause significant problems for your loved ones.
- Conflicts between the will and other documents – If your will directs something different from what your life insurance designation says, the insurance company must follow the life insurance designation. In these and other situations, your wishes are unlikely to be carried out, potentially having a negative impact on your loved ones.
- Using DIY templates – Because Michigan laws are very specific about wills, following a DIY template can cause you to leave out essential elements that are required by the courts, thus leading to an invalid will.
- Poorly chosen personal representatives – Choosing someone with no financial experience, who lives out of state, or who does not get along with other family members can cause unnecessary delays and disputes over the will.
- Not planning for contingencies – Failing to name alternate beneficiaries or guardians can result in the court making decisions on your behalf if an unexpected event occurs.
- Not coordinating with a trust – Wills are very useful legal tools for estate planning in Michigan. However, a will alone may not avoid probate, may not protect assets, and may not address long-term care, special needs, or tax planning needs.
Knowing this, our will attorneys can help you coordinate your will with other legal tools to ensure your wishes are honored.
Additionally, many make mistakes when including these common items in their will:
Appointment of a personal representative
While almost every will names the person who manages the estate, many people overlook naming an alternate representative. Another mistake some make is not appointing someone younger or healthier than they are, and thus having their personal representative die before they do.
Guardianship for minor children
The first thing that most parents think of is appointing someone to care for their children. However, many often forget to name backup guardians. Additionally, certain cases see an advantage by naming separate guardians for finances vs. personal care.
Specific bequests
Without clear instructions, some items can quickly become sources of family conflict. Cherished possessions such as family heirlooms, art, jewelry, and other sentimental items should be clearly left to specific individuals to prevent problems from developing.
Residuary clause
This “catch-all” provision specifies who inherits any remaining assets after all debts, taxes, and specific bequests have been handled. However, many DIY wills accidentally omit a residuary clause, creating confusion and conflicts.
Funeral and burial wishes
While not always legally-binding, documenting your funeral and burial wishes provide helpful guidance to family members who may otherwise struggle to know what steps to take to honor your memory and your remains.
Digital assets
Even though digital assets are becoming increasingly common and valuable, they are often forgotten when it comes time to distribute assets and property. Common digital assets that can be named in a will include online accounts, email access, photos, and cryptocurrency.
To ensure these assets are distributed according to your wishes, you must incorporate clear authorization language to meet Michigan laws on digital assets.
Coordination with non-probate assets
Not all property and assets can be divided and distributed after your passing. Thus, your will needs to only contain what is legally admissible for a will, while using other tools to care for assets that can’t be distributed after your death.
Assets such as beneficiary designations, joint accounts, life insurance, or transfer-on-death (TOD) and payable-on-death (POD) accounts should be kept separate from assets mentioned in your will. If these are not coordinated with your will, unintended distributions can occur, which may end up being the opposite of what the will says.
To help ensure nothing is overlooked and all of your wishes are legally documented, let our experienced Michigan will lawyers guide you through each aspect of writing your will.
The Process of Preparing and Filing a Will in Michigan Courts
Our attorneys have over 100 years of combined legal experience preparing wills. As a result, we have helped thousands of Michigan residents like you with each step of preparing and filing a will.
These steps include:
Drafting the Will
To ensure your will is legally enforceable in the courts, the first step should involve working with our Michigan will attorneys.
We’ll help you:
- Clarify goals
- Identify assets
- Review family structure
- Plan for minor children
- Coordinate beneficiary designations
Executing the will
Under Michigan law, a will must be signed to be valid.
Additionally, formal signing requires two adult witnesses and a “testator acknowledgment” which confirms that the signer agrees the will is valid before the witnesses.
Many people choose to sign within our attorney office to ensure that no mistakes are made and that the will is fully valid.
Storing the will
You can store the original will:
- At home in a fireproof safe
- With your attorney
- In the probate court’s will registry
Filing/probating the will after death
After death, the will must be filed with the county probate court where the decedent lived as a first step towards administering its contents.
Michigan allows:
Informal probate
This is a simpler administrative process handled by the probate registrar (the court official who administers the probate court). These are suitable for straightforward estates where there is no dispute over the will.
Formal probate
Formal probate is court-supervised and involves formal hearings. These often involve situations where there are disputes, the will is unclear or contested, the original will cannot be located, or when there are creditors involved.
Depending on complexity, probate often lasts several months to over a year. But regardless of how the will is probated, Michigan law requires the personal representative to ensure:
- Probate is opened
- Creditors are notified
- Assets are identified and valued
- Debts and taxes are paid
- Distribution occurs according to the will
From beginning to end, our Michigan will lawyers are there to guide you through each step of preparing, filing, and administering a will.
Comparing Wills and Trusts in Michigan
As Michigan’s go-to estate planning firm, our attorneys at Mall Malisow & Cooney often help people decide whether they need a will, a trust, or both.
Depending on your goals, both Michigan wills and trusts can play important roles in your estate plan.
Wills
- Take effect after death
- Must go through probate
- Name guardians for minors
- Guide distribution of probate assets
- Are generally simpler than trusts
- Often better for smaller estates
Trusts
- Can take effect during your lifetime, upon incapacity, or after your death
- Allow ongoing management of assets
- Avoid probate when properly prepared
- Provide more privacy
- Can protect assets for beneficiaries with disabilities
- Can shield inheritances from creditors or divorce
- Often better for individuals with complex estates, such as those with significant assets or special-needs children
While the information above provides a general idea of how wills and trusts differ in Michigan, it’s important to understand what’s right for you before beginning the estate planning process.
Our Michigan will attorneys have helped thousands of individuals and families evaluate their goals, identify all their assets, and choose an estate planning approach that holistically cares for their needs. Let us provide the same help for you.
Why Working with an Experienced Michigan Will Lawyer Matters
Even though wills are simpler than trusts, Michigan’s estate laws are still very specific and rigid. That means a small mistake can invalidate your will, create family conflict, or cause your assets to be distributed contrary to your wishes.
To make sure your will includes everything you need and is legally valid, our experienced Michigan will lawyers provide holistic planning that can include:
- Customized drafting
- Legal compliance with EPIC
- Coordination with beneficiary designations
- Guardianship planning
- Asset protection solutions
- Contingency planning
Most importantly, our legal help provides you with the peace of mind knowing that your loved ones won’t face unnecessary legal burdens after your passing.
Contact Our Michigan Will Attorneys Today
With over one hundred years of combined legal experience, the will attorneys at Mall Malisow & Cooney have the legal understanding, forethought, and insights you deserve.
Let us provide you with an estate plan that meets your goals, honors your wishes, and cares for your loved ones.
Call us at 248-538-1800 today, or fill out our contact form.