Most Michigan families don’t have an estate plan. According to recent surveys, fewer than one in three Americans has a will — and the numbers are even lower for comprehensive plans that include trusts, powers of attorney, and healthcare directives.
If you’re in that majority, you’re not alone. But you’re also leaving some of the most important decisions in your family’s life up to the state of Michigan — and that’s a problem worth fixing.
What Happens Without an Estate Plan in Michigan
When someone dies without a will in Michigan, they die “intestate.” That means the state’s intestacy laws — not you — decide who gets your assets, who raises your children, and how your estate is distributed.
Michigan’s intestacy rules follow a rigid formula. Your spouse may not receive everything. Your adult children may receive shares you never intended. And if you have minor children, the probate court will appoint a guardian — which may or may not be the person you would have chosen.
Beyond distribution, dying without a plan means your family faces probate — a public, court-supervised process that can take months or years and cost your estate thousands of dollars in legal fees.
What a Complete Michigan Estate Plan Includes
A comprehensive estate plan typically includes:
A Last Will and Testament — directs how your assets are distributed, names an executor to manage your estate, and most importantly, designates a guardian for your minor children.
A Revocable Living Trust — allows your assets to pass to your beneficiaries without probate. Your family avoids court, maintains privacy, and receives their inheritance faster. For families with real estate, investment accounts, or blended family situations, a trust is often essential.
A Durable Power of Attorney — designates someone to manage your financial affairs if you become incapacitated. Without one, your family may need to go to court to obtain a conservatorship — an expensive and time-consuming process.
A Patient Advocate Designation (Healthcare Proxy) — names someone to make medical decisions on your behalf if you cannot. Michigan law has specific requirements for this document; a generic form downloaded from the internet may not hold up when it matters most.
A HIPAA Authorization — allows your designated agents to access your medical records and communicate with your healthcare providers.
The Guardianship Question
For parents of minor children, guardianship designation is the most urgent reason to have a will. If both parents die without naming a guardian, the probate court decides who raises your children.
That decision is made by a judge who doesn’t know your family, your values, or your wishes. It can also trigger family disputes — competing relatives may petition the court, creating conflict and legal costs during an already devastating time.
Naming a guardian in your will takes this decision out of the court’s hands and puts it where it belongs: with you.
Michigan-Specific Considerations
Michigan has its own statutes governing estate planning documents. The Michigan Estates and Protected Individuals Code (EPIC) sets specific requirements for valid wills, trusts, and powers of attorney. Documents prepared in other states or downloaded from generic websites may not comply with Michigan law — and a defective document can be as harmful as no document at all.
Working with a Michigan-licensed estate planning attorney ensures your documents are properly drafted, executed, and tailored to your family’s specific situation.
Getting Started Is Easier Than You Think
Many families delay estate planning because they assume it’s expensive, complicated, or only necessary for the wealthy. None of that is true.
A complete estate plan for a Michigan family typically involves one or two meetings with an attorney, a review of your assets and family situation, and properly executed documents. The process is straightforward, and the peace of mind it provides is immediate.
The right time to have an estate plan is before you need one. If you have minor children, own real estate, have a blended family, or simply want to make things easier for the people you love — now is the right time.
George Remy is a Michigan-licensed estate planning attorney with 18 years of experience serving families across Washtenaw and Wayne County. Schedule a free 15-minute consultation at remylawpllc.com.