Estate planning mistakes don’t announce themselves. They surface in the worst possible moments—when a loved one dies, when someone becomes incapacitated, when a family that expected unity finds itself in Wayne County Probate Court fighting over assets that should have transferred cleanly.

The stakes are real. An invalid will means Michigan’s intestacy statutes—not your intentions—decide who inherits. An unfunded trust means the probate process you tried to avoid. An outdated beneficiary designation means your ex-spouse receives a retirement account your children expected.

These aren’t hypothetical scenarios. They’re patterns we see regularly among Metro Detroit families who assumed their estate plans were fine—until they weren’t.

Whether you’re a Detroit homeowner, a Downriver retiree, or a family anywhere in Wayne County, these mistakes are predictable and preventable. Here’s what you need to know to protect your family from the most common estate planning errors in Michigan—and what it takes to fix them.

The Three Mistakes That Cause the Most Damage

Mistake #1: Having No Plan at All

The most expensive estate plan is the one you never create. Many Michigan residents assume estate planning is only for the wealthy. That assumption costs families thousands of dollars and months of delay in probate court.

When someone dies without a will or trust—called dying “intestate”—Michigan’s default laws decide who inherits. Not you. Not your family. The state.

Under Michigan’s intestacy statute (MCL 700.2101 et seq.), Wayne County Probate Court must:

• Appoint a personal representative using statutory priority rules
• Distribute assets according to intestacy law, regardless of your relationships or intentions
• Apply a formula that splits assets between spouses and children in ways that surprise most people

“Many Metro Detroit families don’t realize that dying without a plan doesn’t mean ‘everything goes to my spouse.’ Under MCL 700.2102, Michigan intestacy law divides assets between spouses and children using a specific statutory formula—and the results rarely match what families expect.”

Blended families, unmarried partners, and estranged relatives face particularly harsh outcomes under intestacy. A surviving partner with no legal marriage receives nothing. A stepchild you raised receives nothing. The law doesn’t account for love—it accounts for legal status.

Mistake #2: Creating a Plan—Then Never Updating It

An outdated estate plan can be worse than no plan at all. Documents that reflected your life five or ten years ago may actively contradict your current wishes.

Life changes that should trigger an immediate review:

• Marriage or divorce
• Birth or adoption of children or grandchildren
• Death of a beneficiary or named fiduciary
• Significant changes in assets or debts
• Moving to or from Michigan
• Changes in health or family relationships
• Major tax law changes

We regularly see Wayne County families discover—too late—that their documents still name an ex-spouse as executor or leave assets to someone who passed away years ago. These aren’t edge cases. They’re among the most common problems Michigan estate planning attorneys encounter.

Mistake #3: Wrong or Outdated Beneficiary Designations

This is the silent killer of estate plans. Beneficiary designations on retirement accounts, life insurance policies, and POD/TOD accounts override your will. It doesn’t matter what your will says—the beneficiary form controls.

Common designation errors include:

• Naming an ex-spouse who was never removed after divorce
• Leaving assets directly to minor children (who can’t legally receive them)
• Naming someone who has since died
• Failing to name contingent beneficiaries

Problem: A Wayne County retiree updated his will to leave everything to his children after his divorce. But he never changed the beneficiary on his 401(k).

Why it matters: Despite the new will, his ex-spouse received the entire retirement account—because the beneficiary designation controlled.

Michigan law context: Under federal law (ERISA), retirement account beneficiary designations supersede wills and even divorce decrees in most cases. Michigan law offers some protections for certain non-ERISA assets after divorce, but federal retirement accounts follow their own rules.

Solution: Comprehensive beneficiary review coordinated with your overall estate plan.

Next step: Request beneficiary forms from every account and confirm they align with your current wishes.

Michigan-Specific Pitfalls Wayne County Families Must Avoid

DIY Documents That Don’t Meet Michigan Requirements

Online templates are convenient. They’re also frequently invalid.

Common DIY problems in Michigan:

• Wrong number or type of witnesses—Michigan requires two witnesses for wills under MCL 700.2502
• Missing notarization where required
• Ambiguous language that creates disputes
• Provisions that violate Michigan law

If a will fails to meet Michigan’s execution requirements, Wayne County Probate Court treats the estate as intestate—your carefully written wishes become legally meaningless.

“In our experience serving Wayne County and Metro Detroit families, DIY estate planning documents are the single most common source of preventable probate disputes. The money families save on templates often costs them many times more in litigation.”

Ignoring Incapacity Planning

Most families focus on what happens after death. They forget about what happens if they become incapacitated while alive—and incapacity planning failures often cause more immediate financial harm than poor inheritance planning.

Without proper documents:

• No one can access your bank accounts to pay your mortgage, utilities, or medical bills
• No one can make medical decisions on your behalf
• Your family may need to petition Wayne County Probate Court for guardianship or conservatorship—proceedings that cost $5,000 to $10,000+ and can take months

Court-supervised guardianship is public, expensive, and slow. A durable financial power of attorney under Michigan’s Uniform Power of Attorney Act (MCL 556.201 et seq.) and a patient advocate designation (MCL 700.5506–700.5515) prevent this entirely—for a fraction of the cost.

Leaving Assets Directly to Minors or Special-Needs Beneficiaries

Michigan law doesn’t allow minors to directly own significant property. If you leave assets outright to a child under 18, the court must appoint a conservator to manage those assets until the child reaches adulthood.

For special-needs beneficiaries, direct inheritances can disqualify them from essential government benefits like Medicaid and SSI. A properly drafted special needs trust protects both the inheritance and the benefits.

Incorrect Asset Titling

A will doesn’t avoid probate. A trust doesn’t avoid probate unless it’s properly funded.

Common titling mistakes:

• Assuming a will keeps assets out of court (it doesn’t)
• Creating a trust but never transferring assets into it
• Titling everything jointly with one child (which may disinherit others or expose assets to that child’s creditors)

Michigan offers effective probate-avoidance tools—revocable trusts, Lady Bird deeds, POD/TOD designations—but misusing them creates confusion and potential litigation in Wayne County Probate Court.

Fixing Mistakes Before It’s Too Late

If Documents Are Outdated or Invalid

If the person is still alive and competent, they can revoke and replace documents. This requires new documents properly executed under Michigan law—not handwritten changes or crossed-out provisions.

“Handwritten edits on a will are one of the most common mistakes we see in Wayne County. Those changes are typically invalid under MCL 700.2502 and can actually invalidate the entire document.”

If Beneficiary Designations Are Wrong

Conduct a comprehensive review of:

• Retirement accounts (401(k), IRA, pension)
• Life insurance policies
• Bank accounts with POD designations
• Investment accounts with TOD registrations
• Annuities

Ensure every designation aligns with your overall plan. Inconsistencies between beneficiary forms and estate documents are the leading cause of post-death disputes we see among Metro Detroit families.

If DIY Documents Already Exist

A Michigan estate planning attorney can evaluate whether to:

• Re-execute properly drafted replacements
• Seek court interpretation if the original creator has died
• Pursue settlement or mediation if disputes have arisen

What Professional Planning Costs

Will-based estate plans in Michigan typically cost $1,500 to $2,500. Trust-based plans range from $2,500 to $5,500 depending on complexity. Power of attorney packages alone run $1,000 to $1,500.

Compare those figures to the cost of probate litigation, invalid documents, guardianship proceedings ($5,000–$10,000+), or assets going to unintended recipients. Professional planning is an investment—not an expense.

Prevention Checklist for Wayne County Families

Essential documents everyone needs:

• Will (and possibly a revocable living trust)
• Durable financial power of attorney
• Patient advocate designation (healthcare POA)

Review triggers:

• After any major life event
• At least every 3–5 years
• When Michigan law changes significantly

Beneficiary alignment:

• Review all account designations annually
• Ensure consistency with overall estate plan
• Never leave minors or special-needs individuals as direct beneficiaries

Proper execution:

• Two witnesses for Michigan wills per MCL 700.2502
• Notarization where required
• Professional review of any DIY documents

Asset coordination:

• Fund trusts properly (transfer titled assets)
• Record Lady Bird deeds if using them
• Complete POD/TOD forms on accounts

Frequently Asked Questions About Estate Planning Mistakes

Are DIY wills valid in Michigan?

DIY wills can be valid if they strictly follow Michigan’s execution requirements under MCL 700.2502—including proper witnessing and signatures. However, many fail on these basics. Online templates frequently don’t track Michigan law changes or address complex family situations common in Metro Detroit. For anything beyond a simple, single-person estate with no real estate or blended family considerations, professional drafting significantly reduces the risk of invalidation.

What are the biggest risks of DIY estate planning for Wayne County families?

The primary risks include invalid documents, incorrect witnessing, conflicting provisions, missed tax or Medicaid issues, and assets going to unintended beneficiaries. These errors often lead to costly disputes in Wayne County Probate Court and higher legal fees than professional planning would have cost initially. The irony of DIY estate planning is that the families who can least afford legal fees end up paying the most when documents fail.

When is DIY acceptable versus when do I need an attorney?

How often should I update my estate plan?

Review your plan at least every 3–5 years or after major life events—marriage, divorce, births, deaths, relocations, significant financial changes, or law changes. Michigan’s Uniform Power of Attorney Act (MCL 556.201 et seq.) replaced the prior financial POA statute in recent years, which means older power of attorney documents may need to be re-evaluated. Treat updates like maintaining insurance or retirement accounts: an ongoing responsibility, not a one-time task.

How much does estate planning cost in Michigan?

Professional estate planning in Michigan typically ranges from $1,500 to $5,500 depending on complexity. Will-based plans (including wills, powers of attorney, and advance directives) generally cost $1,500 to $2,500. Trust-based plans (including trusts, wills, powers of attorney, and advance directives) range from $2,500 to $5,500. Standalone power of attorney packages run $1,000 to $1,500. These costs are a fraction of what families pay when documents are invalid, outdated, or missing—where probate litigation and guardianship proceedings can easily exceed $10,000.

Does working with a Metro Detroit attorney really save money?

Yes. The upfront cost of professional planning is typically far less than the combined cost of disputes, invalid documents, and inefficient probate. Attorneys familiar with Wayne County Probate Court structure plans that minimize delays and reduce litigation risk. When choosing a Michigan estate planning attorney, look for someone who understands your county’s court procedures, coordinates beneficiary designations with your documents, and provides ongoing review—not just document drafting.

Protect Your Family the Right Way

Estate planning mistakes are common—but they’re not inevitable. With proper guidance, Wayne County families can avoid the pitfalls that create conflict, waste money, and leave loved ones unprotected.

At Boroja, Bernier & Associates, we help Metro Detroit families build estate plans that actually work. Our attorneys understand Michigan’s specific requirements and Wayne County Probate Court procedures. We don’t rely on cookie-cutter templates—we create plans tailored to your family’s situation, verify every detail, and coordinate all your documents and beneficiary designations into a cohesive strategy.

Boroja, Bernier & Associates provides estate planning services to all Michigan residents statewide, with our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing. Whether you’re in Wayne County, Macomb County, Oakland County, or anywhere in Michigan, we’re here to help.

To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Your family deserves a plan that protects them—not one that creates problems.