At Boroja, Bernier & Associates, we believe that every Michigan resident deserves peace of mind when it comes to planning for the future. Estate planning isn’t only for the wealthy or elderly—it’s for anyone who wants to protect their loved ones, manage their assets responsibly, and make sure their wishes are honored. We work closely with individuals and families to ensure their estate plans reflect their goals and protect their interests under Michigan law. If you haven’t reviewed your estate plan recently, or if you don’t have one at all, these five key documents are where to start.

Last Will And Testament

A will is one of the most essential documents in any estate plan. In Michigan, a valid will allows you to direct how your assets are distributed, name a personal representative (executor), and appoint guardians for minor children. Without a will, the probate court distributes your assets according to Michigan’s intestate succession laws under MCL 700.2101 et seq., which may not align with your intentions.

To be valid under Michigan law, your will must be in writing, signed by you, and witnessed by at least two people. A will also helps avoid family disputes by making your wishes clear. While a will alone does not avoid probate, it plays a central role in the probate process and can be coordinated with other estate planning tools for a complete strategy.

Durable Power Of Attorney

A durable power of attorney gives someone you trust the authority to make financial decisions on your behalf if you become incapacitated. Under MCL 700.5501, this document can take effect immediately or upon a triggering event, such as a medical diagnosis. We often recommend a durable power of attorney that becomes effective upon incapacity, allowing your chosen agent to manage your accounts, pay bills, and make financial choices in your best interest.

This document helps avoid the time, expense, and stress of a court-ordered conservatorship. Without it, your family may be forced to go through probate court to gain access to your finances if you’re unable to act for yourself.

Patient Advocate Designation (Michigan’s Medical Power Of Attorney)

A patient advocate designation allows you to appoint someone to make medical decisions for you if you’re unable to communicate your wishes. This document is recognized under MCL 700.5506–700.5512 and is sometimes referred to as a medical durable power of attorney.

Your designated patient advocate can make decisions about treatment, care, end-of-life preferences, and even anatomical gifts. We work with clients to ensure this document reflects their values and healthcare preferences clearly. Having this in place helps avoid delays in care and gives your loved ones clear guidance during stressful times.

Living Will Or Advance Directive

While Michigan does not have a specific statute that recognizes living wills as legally binding, they are still an important part of a comprehensive estate plan. A living will sets forth your wishes regarding life-sustaining treatment if you become permanently unconscious or terminally ill. Even though not legally binding on its own in Michigan, a living will can guide your patient advocate and healthcare providers.

We recommend including your living will preferences in your patient advocate designation and ensuring it aligns with your personal and religious beliefs. Doing so gives your loved ones clarity and reduces uncertainty when difficult decisions arise.

Revocable Living Trust

A revocable living trust can be a powerful tool for avoiding probate and simplifying the transfer of assets. Under Michigan law, trusts are governed by the Michigan Trust Code, found at MCL 700.7101 et seq. With a living trust, you transfer assets into the trust during your lifetime, retain control as trustee, and designate a successor trustee to manage the trust after your death or incapacity.

A trust allows your beneficiaries to receive their inheritance without going through the probate court. Trusts also offer privacy and greater control over distributions and can help manage complex family dynamics or business ownership. We regularly help clients in Troy, Shelby Township, and beyond create trusts that are tailored to their specific needs and financial goals.

Frequently Asked Questions About Estate Planning In Michigan

What Happens If I Die Without A Will In Michigan? 

If you die without a will, your estate will be distributed according to Michigan’s intestacy laws under MCL 700.2101 et seq. This usually means your closest relatives inherit your property, but it may not reflect your wishes. Having a will ensures you stay in control of how your assets are distributed.

Do I Still Need A Will If I Have A Trust? 

Yes. A will, often called a “pour-over will,” works alongside your trust to transfer any assets not already titled in the trust at the time of your death. It also lets you name guardians for minor children and appoint a personal representative.

Can I Appoint The Same Person As My Financial And Medical Agent? 

Yes, you can appoint the same person to serve as your agent for both your durable power of attorney and patient advocate designation. However, it’s important to choose someone who is capable, trustworthy, and understands your preferences in both areas.

How Often Should I Update My Estate Plan? 

We recommend reviewing your estate plan every three to five years or after major life events like marriage, divorce, birth of a child, or significant changes in your financial situation. Michigan law and your personal goals may evolve, and your documents should reflect those changes.

What Are The Benefits Of A Living Trust Compared To A Will? 

A living trust avoids probate, offers privacy, and allows for more flexible control of asset distribution. Unlike a will, which becomes public during the probate process, a trust remains private and can help beneficiaries access assets more quickly and efficiently.

Call Boroja, Bernier & Associates For Comprehensive Estate Planning Guidance 

At Boroja, Bernier & Associates, we take pride in helping Michigan residents take control of their future through well-structured estate plans. Whether you’re just starting out or updating an existing plan, we’ll ensure your documents comply with Michigan law and reflect your values. We invite you to schedule your consultation with one of our Michigan estate plan attorneys by calling us at 586-991-7611. With offices in Troy and Shelby Township, we proudly serve clients throughout Oakland County and Macomb County. Let us help you protect what matters most.