As attorneys serving clients throughout Troy and Shelby Township, we’ve worked with many families who wanted to make sure their wishes would be honored when they pass or become unable to make decisions for themselves. Estate planning is not just about having a will. It’s about making legally sound decisions that protect your assets, making sure there is a smooth transfer of property, and avoiding legal complications for your loved ones. Unfortunately, our firm often sees people make mistakes that could have been avoided with proper legal guidance. These errors can lead to confusion, court involvement, family disputes, and significant financial consequences.
Michigan law provides the legal framework for estate planning. However, that doesn’t mean it’s always straightforward. It’s easy to overlook key documents or fail to update a plan as life changes. Whether you’re creating your estate plan for the first time or reviewing an existing one, it’s important to understand what can go wrong—and how to prevent it. That’s why we make it a priority to educate our clients in Oakland and Macomb Counties on how to create a solid, legally valid estate plan that truly reflects their wishes.
Failing To Create A Comprehensive Estate Plan
One of the most common mistakes is assuming that a simple will is enough. A last will and testament only takes effect after death and must go through probate. Without additional documents, such as a durable power of attorney or a healthcare directive, there is no clear legal authority for someone to act on your behalf if you become incapacitated. Under the Michigan Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq., if you haven’t named an agent, the probate court may have to appoint one, which can take time and cause stress for your family.
Not Having A Durable Power Of Attorney Or Patient Advocate Designation
Michigan law allows individuals to create a durable power of attorney for financial matters under MCL 700.5501 and a patient advocate designation (also known as a healthcare power of attorney) under MCL 700.5506. Without these, if you become incapacitated, no one can legally make financial or medical decisions for you without court intervention. This can delay treatment, access to funds, or decision-making during emergencies.
Failing To Update The Plan After Major Life Events
Your estate plan should reflect your current life situation. Marriage, divorce, births, deaths, and changes in financial circumstances all warrant an update. Michigan’s EPIC includes automatic revocation provisions under MCL 700.2807 for certain designations after divorce, but this doesn’t apply to all documents or beneficiary designations. Our attorneys always recommend reviewing your plan at least every few years or after any major life change.
Improper Or Outdated Beneficiary Designations
Many people forget that beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts override what’s written in a will. It is important that you updated or remove conflicts with your Michigan estate plan. Otherwise, your assets may go to someone you did not intend. That’s why it’s essential to regularly review and align these designations with your overall plan.
Leaving Assets Directly To Minor Children
Under Michigan law, minors cannot legally own property. If you leave assets to a minor without naming a custodian or creating a trust, the court may need to appoint a conservator to manage those assets until the child turns 18. A trust allows you to control how and when those assets are distributed.
Not Considering Probate Avoidance Strategies
Probate can be time-consuming and public. There are legal tools available in Michigan to avoid or minimize probate, including revocable living trusts, joint ownership with rights of survivorship, and beneficiary designations. When structured properly, these tools can simplify the asset transfer process for your heirs and provide more privacy.
Michigan Estate Planning Frequently Asked Questions
What Documents Should Be Included In A Michigan Estate Plan?
A complete estate plan in Michigan typically includes a last will and testament, a durable power of attorney, a patient advocate designation, and, in many cases, a revocable living trust. Depending on your situation, additional documents may be appropriate, such as a ladybird deed or a testamentary trust.
Does A Will Avoid Probate In Michigan?
No, a will does not avoid probate. It simply guides the court in how to distribute your assets. If your goal is to avoid probate, a revocable living trust or beneficiary designations on key assets can be more effective tools.
What Happens If I Die Without A Will In Michigan?
If you die without a will, your estate is subject to Michigan’s intestate succession laws under MCL 700.2101 et seq. This means the court distributes your assets to your heirs based on a legal formula, which may not reflect your actual wishes.
Can I Name Multiple People As My Power Of Attorney?
Yes, you can name more than one person, either to act jointly or separately. However, it’s important to think carefully about how this may work in practice. Conflicts or delays can occur if joint agents disagree. We often recommend naming one primary agent and one or more backups.
What Is A Ladybird Deed, And How Does It Help?
A ladybird deed allows you to transfer real property to a beneficiary while retaining control during your lifetime. Upon your death, the property passes automatically to the named person without going through probate. This is a popular estate planning tool in Michigan and can be a simple way to manage real estate transfers.
How Often Should I Update My Estate Plan?
You should review your estate plan every three to five years or after any major life event, such as marriage, divorce, a new child, or a significant financial change. Keeping your documents up to date helps ensure they reflect your current wishes and comply with Michigan law.
Protect Your Legacy With Boroja, Bernier & Associates
If you want to avoid estate planning mistakes and make sure that your wishes are clearly documented, we are here to help. At Boroja, Bernier & Associates, we guide clients through every step of the estate planning process, offering clarity, legal precision, and peace of mind.
Whether you live in Oakland County or Macomb County, our offices in Troy and Shelby Township are ready to serve you. Contact our Michigan estate planning attorney by calling 586-991-7611 to schedule your consultation. Let us show you how we can help you create a legally sound estate plan that protects what matters most.
