Life in Metro Detroit moves fast. Between work, family, and everything else demanding your attention, thinking about what happens after you’re gone probably falls pretty low on your to-do list. But here’s something that might change your perspective: without a proper estate plan, the state of Michigan decides who gets your home, your savings, and even who raises your children.
That’s not something most Metro Detroit families are comfortable leaving to chance.
Estate planning isn’t just for the wealthy or the elderly. It’s for anyone who owns property, has children, or simply wants their wishes honored. Whether you live in Wayne County, Oakland County, or anywhere across Southeast Michigan, having the right legal documents in place gives you control over your future and protects the people who depend on you.
This guide walks you through the essential estate planning tools every Michigan family should consider, the state-specific laws that affect your plan, and the common mistakes that derail even well-intentioned efforts.
Why Estate Planning Matters for Michigan Families
Many Michigan residents don’t realize that without an estate plan, state law dictates how your assets are distributed. Under Michigan’s intestate succession laws outlined in MCL 700.2101 through MCL 700.2114, your property passes according to a predetermined formula that may not reflect your actual wishes.
For example, if you’re married with children from a previous relationship, your surviving spouse might not automatically receive everything. Your children could be entitled to a significant portion of your estate, potentially forcing the sale of your family home. These outcomes often surprise families during an already difficult time.
Beyond asset distribution, estate planning addresses critical questions:
- Who makes medical decisions if you become incapacitated?
- Who manages your finances if you can’t?
- Who raises your minor children?
- How do you minimize taxes and avoid probate?
Creating a comprehensive estate plan means you answer these questions on your terms, not the state’s.
Essential Estate Planning Tools for Metro Detroit Residents
Last Will and Testament
A will remains the foundation of most estate plans. This legal document specifies who receives your property, names an executor to handle your affairs, and most importantly for parents, nominates guardians for minor children.
Under MCL 700.2502, Michigan requires that a valid will be in writing, signed by the testator, and witnessed by two individuals. While Michigan recognizes holographic (handwritten) wills under MCL 700.2502(2), these self-made documents often create more problems than they solve, particularly when handwriting is contested or instructions are unclear.
Many Wayne County and Oakland County families make the mistake of creating a will once and never updating it. Major life events like marriage, divorce, the birth of children, or significant changes in assets should trigger a review of your estate plan.
Revocable Living Trusts
A revocable living trust offers something a will cannot: probate avoidance. When you transfer assets into a properly funded trust, those assets pass directly to your beneficiaries without going through Michigan’s probate court system.
For Metro Detroit families, this means faster distribution of assets, reduced legal fees, and privacy. Probate proceedings are public record, meaning anyone can access information about your estate. A trust keeps your family’s financial affairs confidential.
Revocable trusts also provide protection during incapacity. If you become unable to manage your affairs, your successor trustee steps in immediately without court involvement. This stands in contrast to the guardianship proceedings required when someone without proper planning becomes incapacitated.
Durable Power of Attorney for Finances
A durable power of attorney allows someone you trust to handle financial matters on your behalf. This includes paying bills, managing investments, handling real estate transactions, and accessing bank accounts.
The key word here is “durable.” Under Michigan’s Uniform Power of Attorney Act, MCL 556.201 et seq., a durable power of attorney remains effective even if you become incapacitated. This 2024 law modernized Michigan’s approach to financial powers of attorney, providing clearer guidelines for agents and stronger protections against abuse. Without a durable designation, your agent’s authority only spring’s into effect when you need it most – problem being it requires medical proofs which create issues especially when discretion and speed is necessary.
Metro Detroit families should choose agents who are not only trustworthy but also capable of handling complex financial decisions. Many families name a spouse as primary agent with an adult child as backup.
Medical Power of Attorney and Patient Advocate Designation
Michigan law allows you to designate a patient advocate to make healthcare decisions when you cannot communicate your wishes. Under MCL 700.5506 through MCL 700.5512, this document gives your chosen representative authority to consent to or refuse medical treatment, access medical records, and work with healthcare providers.
Your patient advocate should understand your values regarding medical care, including your preferences about life-sustaining treatment. Having honest conversations with this person now prevents difficult situations later.
Beneficiary Designations
Many Metro Detroit residents don’t realize that certain assets pass outside their will entirely. Retirement accounts, life insurance policies, and payable-on-death bank accounts transfer directly to named beneficiaries regardless of what your will says.
This means your IRA beneficiary designation from twenty years ago might override your current estate plan. Regularly reviewing and updating beneficiary designations ensures your assets reach the right people.
Michigan-Specific Considerations
Michigan Estate Tax
Michigan currently has no state estate tax. However, federal estate tax applies to estates exceeding the exemption threshold, which changes periodically. For 2026, most Metro Detroit families fall well below federal thresholds, but proper planning remains important for larger estates.
Lady Bird Deeds
Michigan is one of a limited number of states recognizing enhanced life estate deeds, commonly called Lady Bird deeds. These instruments allow you to transfer real property to beneficiaries upon death while retaining full control during your lifetime.
For many Southeast Michigan homeowners, a Lady Bird deed provides a simple, cost-effective way to avoid probate on their most valuable asset while preserving Medicaid eligibility.
Homestead Protections
Michigan does not provide homestead protection for surviving spouses under Michigan law which would allow the surviving spouse to remain in the family home for life regardless of will provisions. If the value of the home is above a certain amount then there is a possibility it may need to be sold to fulfill distributions to other heirs when there is no Will. Understanding how homestead rights interact with your estate plan prevents unintended consequences.
Common Estate Planning Mistakes to Avoid
Failing to Fund Your Trust
Creating a revocable living trust accomplishes nothing if you don’t transfer assets into it. Too many families pay for trust documents that sit unfunded in a drawer, meaning their estates still go through probate.
Forgetting Digital Assets
Your Facebook account, email, cryptocurrency, and online financial accounts all need consideration. Without clear instructions and access information, these assets can become inaccessible or lost entirely.
Naming Inappropriate Fiduciaries
Choosing your oldest child as executor simply because they’re oldest often backfires. Consider who has the time, temperament, and capability to handle complex responsibilities. Sometimes the best choice is a professional fiduciary.
DIY Documents
Online forms and generic templates frequently fail to comply with Michigan-specific requirements or address your family’s particular circumstances. Estate planning errors typically aren’t discovered until after death, when they’re impossible to correct.
Frequently Asked Questions About Metro Detroit Estate Planning
How much does estate planning cost in Michigan?
Basic estate planning packages in Metro Detroit typically range from $1,500 to $3,500 depending on complexity while trust-based estate planning packages typically range from $2,500 to $5,500. This includes a will, trust, powers of attorney, and related documents. While this represents a significant investment, it’s far less than the probate costs, family disputes, and tax consequences that result from inadequate planning. Most importantly, proper planning provides peace of mind that your family is protected.
Do I need a trust if I have a will in Michigan?
A will alone may suffice for some families, but many Metro Detroit residents benefit from a revocable living trust. If you own real estate, have privacy concerns, want to avoid probate, want to protect your beneficiaries inheritance from creditors, or need incapacity planning, a trust often makes sense. The decision depends on your assets, family situation, and goals. An experienced estate planning attorney can help determine which approach best fits your needs.
How often should I update my estate plan?
Most estate planning attorneys recommend reviewing your plan every three to five years and after any major life event. Marriage, divorce, births, deaths, significant changes in assets or health, and moves to a new state all warrant a fresh look at your documents. Michigan law changes periodically as well, so even if your circumstances remain stable, legislative updates might affect your plan.
What happens if I die without an estate plan in Michigan?
If you die intestate (without a will) in Michigan, MCL 700.2101 through MCL 700.2114 determine who inherits your property. Generally, your assets pass to your spouse and children in predetermined proportions. If you have no surviving spouse or children, assets pass to parents, siblings, or more distant relatives. More concerning, the court appoints a guardian for your minor children without your input.
Can I do my own estate planning in Michigan?
While Michigan law doesn’t require attorney involvement for creating estate planning documents, self-prepared documents frequently contain errors that invalidate provisions or create unintended consequences. Given the stakes involved and the relatively modest cost of professional guidance, most families benefit from working with an experienced estate planning attorney who understands Michigan-specific requirements.
Protect Your Metro Detroit Family Today
Estate planning isn’t about preparing for death. It’s about protecting the people you love and ensuring your wishes are honored no matter what the future holds. The families we work with consistently tell us the same thing: they wish they’d done this sooner.
At Boroja, Bernier & Associates, we help Michigan families throughout the state create comprehensive estate plans tailored to their unique circumstances. Our attorneys take time to understand your family, your assets, and your goals before recommending the right combination of planning tools.
To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we make it convenient for Metro Detroit families to get the protection they deserve.
