How To Protect Your Family, Assets, And Legacy

When we talk with families in Troy, Shelby Township, and throughout Michigan, one of the most common concerns we hear is how to protect assets while ensuring loved ones are cared for. Estate planning is about building a legal framework that addresses what happens to your property, finances, and healthcare decisions if you are incapacitated or after you pass away. Without a comprehensive plan, your family may face unnecessary court proceedings, confusion, and even conflict. By creating a detailed estate plan that follows Michigan law, you can take control of your future and secure peace of mind for your family.

The Michigan Estates and Protected Individuals Code (EPIC), codified at MCL 700.1101 et seq., governs many aspects of estate planning. It provides the statutory authority for wills, trusts, powers of attorney, guardianships, and conservatorships. Our goal as your attorneys is to ensure that every part of your estate plan works together to protect your assets, minimize taxes, and provide clear direction for your family.

The Role Of A Will In Michigan

A last will and testament is often the foundation of an estate plan. Under MCL 700.2501 et seq., any person 18 or older who is of sound mind may make a will. Through a will, you decide who inherits your property, who will serve as guardian for minor children, and who will act as your personal representative. Without a valid will, your estate is subject to Michigan’s intestacy statutes (MCL 700.2101 et seq.), which may not distribute assets according to your wishes.

Why Trusts Provide Additional Protection

For many clients, a trust is a critical component of comprehensive planning. A revocable living trust, authorized under MCL 700.7501 et seq., allows you to transfer property into the trust during your lifetime and continue to manage it as trustee. Upon your death, the successor trustee you name can distribute assets directly to beneficiaries without going through probate. Trusts are especially useful for families with substantial assets, blended families, or those wishing to provide for minor children or loved ones with special needs.

Powers Of Attorney And Healthcare Decisions

Estate planning also involves preparing for incapacity. A durable power of attorney under MCL 700.5501 et seq. allows you to appoint an agent to manage your financial affairs if you cannot. A patient advocate designation, sometimes called a healthcare power of attorney, is authorized by MCL 700.5506 et seq.. This document gives someone you trust the authority to make medical and end-of-life decisions on your behalf. Without these documents, your family may need to petition the court for a guardianship or conservatorship, which can be stressful and time-consuming.

Avoiding Probate Through Proper Planning

Probate in Michigan can be costly and time-consuming, although it is sometimes necessary. By using strategies like trusts, beneficiary designations, and joint ownership, many families can minimize or avoid probate altogether. Under MCL 700.3914 et seq., small estates under certain thresholds may qualify for simplified probate procedures. With proper planning, you can ensure your estate transfers smoothly, without unnecessary court involvement.

Protecting Your Legacy With Comprehensive Planning

Comprehensive estate planning in Michigan requires looking beyond just distributing property. It involves coordinating wills, trusts, powers of attorney, healthcare directives, and tax planning strategies. It also requires revisiting your plan as life changes—marriage, divorce, new children, or business ventures can all require updates. By addressing these issues now, you reduce the risk of disputes, protect your financial legacy, and provide clarity for your family.

FAQs About Estate Planning In Michigan

What Is The Difference Between A Will And A Trust?

A will directs how your property is distributed through probate court, while a trust holds property during your lifetime and transfers it directly to beneficiaries after death, avoiding probate. Many families choose to have both, since they serve different purposes.

Can I Write My Own Will In Michigan?

Michigan law allows handwritten wills, also known as holographic wills, under MCL 700.2502. However, these are often more vulnerable to legal challenges. Working with an attorney ensures that your will meets all statutory requirements and is less likely to be contested.

How Often Should I Update My Estate Plan?

We recommend reviewing your estate plan every three to five years, or sooner if you experience major life events such as marriage, divorce, or the birth of a child. Laws also change, and updates may be needed to ensure compliance with current Michigan statutes.

What Happens If I Die Without A Will In Michigan?

If you die without a will, your estate will be distributed according to intestacy laws under MCL 700.2101 et seq. Spouses, children, and sometimes parents or siblings may inherit. However, this may not reflect your personal wishes, which is why drafting a will is so important.

Can Estate Planning Help Avoid Family Disputes?

Yes. A clear and legally sound estate plan can minimize the risk of arguments among heirs. By naming trusted representatives, providing detailed instructions, and using trusts when appropriate, you reduce uncertainty and help protect family relationships.

Does Estate Planning Cover More Than Property Distribution?

Absolutely. A comprehensive plan covers financial management during incapacity, healthcare decision-making, guardianship of minor children, tax planning, and even planning for family businesses. It is about protecting your whole legacy, not just dividing assets.

Can I Name Multiple Agents In My Power Of Attorney?

Yes, Michigan law allows you to appoint more than one person as your agent. However, it is important to think carefully about whether your agents can work together effectively. Sometimes it is more practical to name one primary agent and an alternate.

Call Boroja, Bernier & Associates For Your Free Consultation

At Boroja, Bernier & Associates, we take pride in helping families in Troy, Shelby Township, Oakland County, and Macomb County create comprehensive estate plans tailored to their needs. Protecting your family, assets, and legacy starts with a plan built under Michigan law.

Contact the Michigan estate planning lawyers at Boroja, Bernier & Associates PLLC, to receive a free consultation when you call 586-991-7611. With offices in Troy and Shelby Township, we are here to guide you through every step of the estate planning process.