Best Will & Testament Lawyers in Michigan

About Will & Testament Law in Michigan, United States

A Will and Testament is a crucial legal document that allows individuals to outline how their property, finances, and personal belongings should be distributed after their death. In Michigan, the creation and execution of wills are governed by specific state statutes designed to ensure a person's final wishes are legally recognized and enforceable. Understanding Michigan's requirements and laws can help avoid unintended consequences and lengthy probate battles for your loved ones.

Why You May Need a Lawyer

While some simple wills can be created without legal assistance, many people encounter situations where hiring a lawyer is beneficial or even necessary. You may need a lawyer if:

• You have a complex family structure, such as blended families or estranged relatives
• You own significant or complicated assets, like businesses, real estate, or investments in multiple states
• You want to reduce potential estate taxes or avoid probate court
• You need to create trusts for minor children or dependents with special needs
• You believe someone may contest your will's validity
• You want guidance on selecting reliable executors, guardians, or trustees
• You need to amend an existing will due to a major life event, such as marriage, divorce, or birth of a child

Local Laws Overview

Michigan law has specific requirements for a valid will. Here are some key points relevant to Michigan residents:

• Minimum age: You must be at least 18 years old and of sound mind to make a will
• Written requirement: Michigan generally requires wills to be in writing. Oral wills are not recognized
• Witness requirement: A will must be signed in the presence of at least two competent witnesses. These witnesses should not be named as beneficiaries to avoid conflicts of interest
• Holographic wills: Michigan does recognize handwritten (holographic) wills, provided the material portions and signature are in the testator's handwriting and the intent to make a will is clear
• Revocation: A will can be revoked or amended by creating a new will or a codicil. Physically destroying the document can also revoke it, as long as it is done with the intent to revoke
• Probate: Upon death, most wills must go through Michigan's probate process. Certain assets, however, pass outside probate (such as jointly owned property or accounts with designated beneficiaries)
• Intestacy: If someone dies without a will, Michigan's intestacy laws determine how the estate is distributed, generally favoring spouses, children, and other close relatives

Frequently Asked Questions

What makes a will valid in Michigan?

A will must be in writing, signed by the person making the will (the testator), and witnessed by at least two competent individuals who are not beneficiaries. The testator must also be at least 18 years old and of sound mind.

Can I write my own will by hand?

Yes, Michigan recognizes handwritten (holographic) wills if the significant portions and signature are in the testator’s handwriting and the document clearly indicates it is intended as a will.

Do I need a lawyer to make a will in Michigan?

A lawyer is not legally required, but consulting one is recommended for those with complex assets, unique family situations, or concerns about legal validity.

How do I change or update my will?

You can change your will by creating a new will or adding a codicil, a legal amendment to your existing will. Any changes should meet the same legal requirements as the original will.

What happens if I die without a will in Michigan?

If you die intestate (without a will), Michigan’s intestacy laws determine how your assets are distributed, typically prioritizing your spouse, children, and other close relatives.

Do all assets go through probate in Michigan?

No, certain assets pass directly to beneficiaries and do not go through probate. These can include jointly owned property, accounts with transfer-on-death or payable-on-death designations, and life insurance policies with named beneficiaries.

Can a will be contested in Michigan?

Yes, wills can be challenged on grounds such as lack of capacity, undue influence, or improper execution. Having a well-prepared will reduces the likelihood of successful challenges.

Who should serve as my executor?

You may name any competent adult as your executor. Many people choose trusted family members, friends, or a professional such as an attorney or financial advisor.

Does Michigan allow digital or electronic wills?

As of early 2024, Michigan does not formally recognize fully electronic wills. Wills generally must be printed and physically signed according to statutory requirements.

Can I disinherit someone in my will?

Yes, you can generally disinherit most individuals. However, Michigan law ensures spouses have certain rights to claim a portion of the estate, even if excluded from the will.

Additional Resources

If you need further information or legal help, consider these resources:

• State Bar of Michigan - Offers legal information and lawyer referral services
• Michigan Courts - Probate division provides explanations and forms for probate matters
• Michigan Legal Help - Provides self-help tools and resources for estate planning
• Local Probate Courts - Each county has a probate court that manages will and estate proceedings
• Legal Aid Organizations - Groups like Legal Services of South Central Michigan offer free or low-cost assistance to qualifying individuals

Next Steps

If you believe you need legal assistance with your will or estate planning in Michigan:

• Start by gathering information on your assets, liabilities, and family structure
• Think about your goals, such as who you wish to inherit your property and who should serve as executor or guardian for minor children
• Consult with a qualified Michigan estate planning attorney for personalized advice
• If cost is a concern, reach out to legal aid organizations or use self-help resources from the Michigan Legal Help website
• Once your will is in place, store it safely and let a trusted person know where to find it in an emergency

Taking these steps will help ensure your wishes are honored and your loved ones are protected.