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In the United States, the laws governing the creation and execution of wills and testaments are largely regulated by state laws. In Grand Rapids, Michigan, these come under the Michigan Estates and Protected Individuals Code (EPIC).
The law sets out the requirements for creating a valid will, including being at least 18 years old and of sound mind and signing the will in the presence of two witnesses. It also covers what happens in the absence of a valid will and how to contest a will.
While it's possible to create a simple will without a lawyer, several circumstances will benefit from professional help. These include:
Michigan law, including Grand Rapids, is kind to heirs. Grand Rapids residents can disinherit relatives if they wish, aside from their spouse unless there’s a prenuptial agreement in place. If you die without a will — known as dying intestate — Michigan law will determine who inherits property.
Michigan accepts handwritten, unsigned wills provided they are in your handwriting and the intended consequences are evident, but it's generally advisable to sign and witness them to avoid potential dispute.
If you die without a valid will, you are said to have died "intestate." In this case, your estate will be distributed based on the succession laws of Michigan.
Yes, you can prepare a will yourself. However, due to the legal complexities associated with writing a will, it's advisable to seek the aid of a professional attorney.
Michigan law allows the disinheritance of children in your will but prevents the disinheritance of a spouse unless a prenuptial agreement is in place that allows it.
It's advisable to review your will every two to three years, or whenever significant life events occur, such as marriage, divorce, birth, death, or significant financial change.
A "will" or "last will and testament" states how you wish to distribute your property after your death. A "living will" specifies your wishes for end-of-life medical care should you become unable to communicate your decisions.
The State Bar of Michigan offers resources on estate planning and the Michigan Probate Courts website provides additional information on probate procedures in Michigan. The Legal Aid of Western Michigan organization might also be able to offer help for lower-income individuals.
If you require legal assistance in drafting a will and testament, your next step should be to consult with a competent estate planning attorney. They can guide you through the process, ensuring that your will and testament adheres to local laws and truly reflects your wishes for your estate after your death.
