If something happened to you tomorrow, who would raise your children? More importantly, who has the legal authority to make that decision—you, or a Michigan probate judge who has never met your family?

Without proper estate planning documents, the answer is the judge. Michigan law does not automatically transfer custody to grandparents, siblings, or anyone else you might assume would step in. Instead, your children become the subject of court proceedings where a judge—guided by statute, not by your wishes—determines their future.

This is not about preparing for the worst. It is about maintaining control. Parents who create comprehensive estate plans don’t just hope their children will be cared for properly—they guarantee it through legally binding documents that courts must honor.

At Boroja, Bernier & Associates, we help Michigan families create estate plans that protect minor children through guardian designations, trusts, and powers of attorney. These documents work together to ensure your children are raised by people you choose, according to values you hold, with assets managed the way you direct.

Why Guardian Designation Is Non-Negotiable Under Michigan Law

Naming a legal guardian is the single most critical estate planning decision parents of minor children can make. Without this designation, you leave your children’s future entirely in the hands of a court system that cannot possibly know what you would have wanted.

Under MCL 700.5202, Michigan parents have the right to designate who will serve as guardian of their minor children through a properly executed will or separate designation document. This is a right—but it is only effective if you exercise it.

Michigan law requires that a guardian nomination be in writing, signed by the parent, and ideally witnessed and notarized to ensure validity. When both parents have made nominations and both pass away, the court gives significant weight to those designations—but only if the paperwork exists and is properly executed. A verbal conversation with your sister about raising your kids carries no legal weight whatsoever.

The consequences of not naming a guardian are serious. Without your documented choice, Michigan probate courts must conduct a formal proceeding to appoint someone. Family members may disagree about who should raise your children, leading to contested hearings that can last months. During this time, your children may be placed in temporary foster care or with relatives you might not have chosen.

Many parents assume that grandparents or siblings would automatically receive custody. This assumption is legally incorrect. Michigan courts evaluate potential guardians based on statutory factors—the child’s existing relationship with the proposed guardian, the guardian’s ability to provide stable housing and financial support, and the child’s own preferences if they’re old enough to express them. Your preferences, if undocumented, are not part of that analysis.

When selecting a guardian, consider these practical factors beyond emotional bonds:

• Geographic proximity to your children’s current school and community
• The potential guardian’s age, health, and existing family obligations
• Financial stability and willingness to accept the responsibility
• Alignment with your values regarding education, religion, and parenting approach

Always name an alternate guardian. Your first choice may be unable or unwilling to serve when the time comes. Michigan law allows you to name successor guardians who take over if your primary choice cannot fulfill the role. Without an alternate, the court process begins again from scratch.

Living Trusts: Controlling How Your Children Inherit

Leaving assets directly to minor children through a simple will creates immediate legal problems that most parents don’t anticipate until it’s too late to fix them.

Under Michigan law, minors cannot legally own property or manage significant assets. If you leave money directly to a child under 18, the probate court must appoint a conservator to manage those funds until the child reaches adulthood—a process that adds court oversight, annual reporting requirements, and costs that deplete the inheritance you intended for your child.

Even more concerning: assets left outright to children become fully theirs at age 18. No restrictions. No guidance. Complete control over whatever remains. Most parents recognize that an 18-year-old receiving a substantial inheritance may not make the wisest financial decisions, yet simple wills create exactly this outcome.

A revocable living trust solves both problems. Under MCL 700.7103 and related provisions of the Michigan Trust Code, you can establish a trust that:

• Delays distribution until ages you choose—25, 30, or even later
• Appoints a trustee you select to manage funds for your children’s benefit
• Specifies exactly how funds can be used: education, housing, healthcare, reasonable living expenses
• Keeps assets out of probate court entirely, maintaining privacy and reducing costs
• Protects inheritances from your children’s future creditors or divorce proceedings

The most common mistake parents make is assuming they don’t have enough assets to warrant a trust. This assumption ignores how quickly modest assets add up. A $300,000 life insurance policy plus $150,000 in home equity plus retirement accounts easily totals $500,000 or more—a significant sum that deserves professional management until your children are mature enough to handle it responsibly.

Your trust document should name a trustee—the person responsible for managing and distributing assets according to your instructions. This can be the same person as your guardian, but many parents choose to separate these roles. The person best suited to raise your children emotionally may not be the best person to manage a six-figure inheritance.

Separating guardian and trustee roles also creates accountability. The guardian must request funds from the trustee and justify expenditures, ensuring assets are used for your children’s benefit rather than absorbed into a guardian’s household budget.

Powers of Attorney: Protecting Your Children While You’re Alive

Estate planning isn’t only about what happens after death. Parents also need protection against incapacity—situations where illness, accident, or injury leaves you unable to make decisions for yourself or care for your children.

A durable financial power of attorney under the Michigan Uniform Power of Attorney Act (MCL 556.201 et seq.) allows someone you designate to manage your finances if you become incapacitated. This means bills get paid, mortgage payments continue, and your children’s daily needs are met without court intervention.

Without this document, your spouse or family members must petition the court for conservatorship authority—a process that takes weeks or months while your family’s finances sit frozen. Your children’s tuition payments, medical bills, and daily expenses don’t wait for court proceedings.

A healthcare power of attorney (called a patient advocate designation under MCL 700.5506) ensures your medical decisions are made by someone who knows your wishes. For parents of young children, this document is critical. You need someone who can make emergency medical decisions quickly, without waiting for court approval.

Consider this scenario: You’re in a serious accident and hospitalized in a coma. Your children need someone to authorize their medical care, access funds for their school fees, and manage household expenses. Without powers of attorney in place, even your spouse may face obstacles accessing jointly-owned accounts or making decisions on your behalf. An unmarried partner or other family member would have no authority at all without court proceedings—proceedings that take time your family doesn’t have.

Life Insurance: The Foundation of Financial Protection

For parents with minor children, life insurance is often the most important financial protection you can establish. Term life insurance provides immediate, substantial funds to care for your children if you die prematurely—typically at a cost of just $30-$50 per month for healthy parents in their 30s or 40s.

Most financial planners recommend coverage of 10-12 times your annual income, though families with young children may need more. The proceeds should cover:

• Replacement of the deceased parent’s income for 15-20 years
• Childcare expenses, which can exceed $15,000 annually in Southeast Michigan
• Education costs through college
• Mortgage payoff or ongoing housing expenses
• Emergency fund for unexpected needs

A critical planning point that most parents miss: Name your living trust as the life insurance beneficiary—not your minor children directly. If you name a minor child as beneficiary, the insurance company cannot pay the proceeds directly to them. Instead, a court-appointed conservator must be established to receive and manage the funds—exactly the expensive, court-supervised situation a trust is designed to avoid.

By naming your trust as beneficiary, life insurance proceeds flow directly into the trust structure you’ve created. Your chosen trustee manages the funds according to your specific instructions, without court involvement, without annual reporting to a judge, and with maximum flexibility to meet your children’s actual needs.

This single planning decision—trust as beneficiary instead of children directly—can save your family thousands in court costs and years of judicial oversight.

Coordinating All the Pieces

Estate planning for parents of minor children isn’t about creating individual documents in isolation. It’s about building an integrated system where each piece supports the others.

• Your will names guardians for your children.
• Your trust controls how assets are managed and distributed.
• Your powers of attorney ensure someone can act immediately if you’re incapacitated.
• Your life insurance provides the funds your trust will manage.
• Your beneficiary designations direct assets into the trust structure.

When these documents work together properly, your children are protected whether you die, become incapacitated, or simply need someone to handle an emergency while you’re unavailable. When any piece is missing or misaligned, gaps appear that courts must fill—slowly, expensively, and without your input.

Frequently Asked Questions About Estate Planning for Minor Children

What happens to my children if I die without a will in Michigan?

Without a will naming a guardian, Michigan probate courts conduct hearings to determine who will care for your minor children. Family members may petition for custody, potentially creating disputes that delay permanent placement. Your children could be placed in temporary foster care during proceedings, and the ultimate guardian may not be someone you would have chosen. Under MCL 700.5204, the court considers the child’s best interests—but judges cannot know your personal preferences without documentation.

At what age should I update my estate plan for my children?

Michigan parents should review their estate plans every three to five years and after any major life change. Key triggers include the birth of additional children, divorce or remarriage, significant changes in financial circumstances, when your named guardian’s situation changes, and when children reach milestones like age 18 or college graduation. Trust provisions should evolve as children mature—distribution ages that made sense when your child was 5 may need adjustment when they’re 15.

Can I name different people as guardian and trustee?

Yes, and many Michigan families choose this approach intentionally. Your sister may be the ideal person to raise your children due to her parenting style and family values, while your brother with financial expertise may be better suited to manage their inheritance. Separating these roles provides checks and balances—the guardian must request funds from the trustee, ensuring assets are used appropriately for your children’s benefit.

How much does estate planning for minor children cost in Michigan?

Comprehensive estate planning for families with minor children typically costs $3,500-$6,500 in Michigan, depending on complexity. This includes a will with guardian nominations, a revocable living trust, powers of attorney, healthcare directives, and other documents. While online templates cost less upfront, they frequently contain errors or omissions that create far more expensive problems later—particularly regarding guardian designations and trust provisions that don’t comply with Michigan law.

Do unmarried parents have the same estate planning options?

Unmarried parents in Michigan have the same ability to name guardians, create trusts, and establish powers of attorney. However, planning is often more critical because unmarried partners have no automatic legal rights to custody or inheritance. Without proper documentation, your partner may have to fight for custody of your children against other family members, even if you’ve raised the children together for years. The legal presumptions that protect married couples simply don’t exist for unmarried parents.

What if my ex-spouse and I disagree about who should be guardian?

If you’re divorced and share custody, both parents typically have the right to name a guardian in their respective wills. If you die and your ex-spouse survives, your ex-spouse generally retains custody—your guardian designation only takes effect if both parents are deceased or unable to serve. If you have concerns about your ex-spouse’s ability to parent, those concerns must be addressed through custody proceedings during your lifetime, not through estate planning documents.

Can I include instructions about how I want my children raised?

Yes. While courts aren’t legally bound by detailed parenting instructions, many parents include letters of intent or memoranda alongside their wills and trusts expressing their wishes about education, religious upbringing, extracurricular activities, and family traditions. These documents guide guardians and help them honor your values even when specific situations weren’t anticipated.

Protect Your Children’s Future: Schedule Your Consultation

Every day without an estate plan is a day your children lack the protection they deserve. The documents discussed in this guide—guardian designations, living trusts, powers of attorney, and properly structured life insurance—work together to create comprehensive protection for your family.

At Boroja, Bernier & Associates, our estate planning attorneys help Michigan families throughout the state create customized plans that reflect their unique circumstances and values. We take time to understand your family dynamics, your concerns about specific guardians or financial matters, and your goals for your children’s future.

With our main office in Shelby Township and additional offices in Troy, Ann Arbor, and Lansing, we serve families across Michigan—from Detroit to Grand Rapids to Traverse City.

To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Your children’s protection shouldn’t wait another day.