A Shelby Township couple owns a home worth $350,000, holds retirement accounts, and has two kids under 12. One of them dies unexpectedly without a trust in place. That house – the one they spent years paying off – is now tied up in Macomb County Probate Court at 40 N. Main Street in Mount Clemens. The surviving spouse is looking at $10,000-$15,000 in probate costs, 7 to 12 months of court oversight, and a process where every financial detail becomes public record.

This isn’t a hypothetical. It’s what happens every week to families across Macomb County who assumed they’d “get around to it.”

Estate planning isn’t about paperwork. It’s about making sure the people you love aren’t stuck navigating a courthouse when they should be grieving, healing, and moving forward. For Macomb County families – especially in Shelby Township, Sterling Heights, Clinton Township, and surrounding communities – the right plan prevents the crisis before it starts.

What Estate Planning Really Means for Macomb County Families

Most people think estate planning means writing a will. It’s more than that. A comprehensive estate plan is a coordinated set of legal documents that controls what happens to your assets, your children, and your medical decisions – whether you die, become incapacitated, or both.

Michigan’s Estates and Protected Individuals Code (EPIC) governs how these documents work. And here’s the part that trips people up: Michigan law doesn’t care what you intended – it cares what you documented. If your documents are outdated, incomplete, or missing entirely, the probate court fills in the blanks using default rules that may not reflect your wishes at all.

For families in Macomb County, the stakes are real. Property values in Shelby Township and surrounding communities mean most households easily exceed the $50,000 small estate threshold under MCL 700.3982. That means without proper planning, your family is almost certainly looking at full probate administration.

Core Estate Planning Documents Every Macomb County Resident Needs

Last Will and Testament

A will is the foundation – but it’s not the whole house. Under MCL 700.2501, you must have the legal capacity to create a will: at least 18 years old and of sound mind. Michigan requires that a valid will be in writing, signed by you, and witnessed by two people (MCL 700.2502). Notarization isn’t required for validity, though a self-proving affidavit simplifies the probate process later.

A will names who gets what, who serves as personal representative (Michigan’s term for executor), and – critically for parents – who raises your children if you can’t. Without one, Michigan’s intestacy statute (MCL 700.2102) decides all of that for you.

One development to watch: Michigan HB 5701, introduced in March 2026, would amend MCL 700.2502 to allow electronic wills and remote witnessing via video call. It’s still in committee – not law yet – but it signals where Michigan is heading. For now, your will needs ink signatures and two live witnesses in the same room.

Revocable Living Trust

A revocable living trust, governed by MCL 700.7101 et seq., does what a will cannot: it avoids probate entirely for any assets properly titled in the trust’s name. You maintain full control during your lifetime – you can amend it, revoke it, buy and sell trust property – and when you die, your successor trustee distributes assets directly to your beneficiaries without court involvement.

For Macomb County families, the math is straightforward. Comprehensive trust-based estate plans cost $2,500-$5,500. Probate administration on even a modest estate runs $10,000-$15,000 with months of court oversight. The trust pays for itself the day it’s needed.

Lady Bird Deed (Enhanced Life Estate Deed)

This is Michigan’s most powerful – and most underutilized – probate-avoidance tool for real property. A Lady Bird deed lets you transfer your home to a beneficiary at death while retaining complete control during your lifetime. You can sell it, refinance it, or change beneficiaries without anyone’s permission.

Unlike a standard quit claim deed, a Lady Bird deed doesn’t trigger Medicaid penalties because you haven’t actually given up your interest in the property. That makes it a critical component of elder law planning for families worried about long-term care costs – which in Michigan run $10,000-$15,000 per month for nursing home care.

Lady Bird deeds are authorized under Michigan common law and Michigan Land Title Standard 9.3. There is no specific MCL statute – they exist through decades of established legal practice and title industry recognition.

Durable Power of Attorney (Financial)

If you become incapacitated without a durable power of attorney, your family has one option: petition the probate court for conservatorship. That process costs $5,000-$10,000+ and takes months. During that time, no one can pay your mortgage, access your bank accounts, or manage your investments – no matter how close the relationship.

Michigan’s Uniform Power of Attorney Act (MCL 556.201 et seq.) governs financial powers of attorney. A valid durable POA requires either notarization or two witnesses and remains effective even after you lose capacity. At Boroja, Bernier & Associates, we include comprehensive powers of attorney in every estate plan – because this single document prevents the most common and most expensive crisis families face.

Patient Advocate Designation (Healthcare Directive)

Michigan’s patient advocate designation (MCL 700.5506) is how you name someone to make medical decisions when you can’t. Without one, your family may need court-appointed guardianship – even for routine medical decisions. Your patient advocate can authorize or refuse treatment, access medical records, and carry out your end-of-life wishes.

This document requires two witnesses, and your patient advocate must formally accept the role. Many families overlook this step, which can invalidate the entire designation when it matters most.

Will vs. Trust in Michigan: Which Makes Sense for Your Family?

This isn’t an either-or question for most Macomb County families – it’s about which combination of tools fits your situation.

A will makes sense if your estate is simple, you don’t own real property, and your assets will pass primarily through beneficiary designations (retirement accounts, life insurance). Will-based estate plans at Boroja, Bernier & Associates range from $1,500-$2,500 and include powers of attorney and healthcare directives.

A trust makes sense if you own a home in Shelby Township or anywhere in Macomb County, have retirement assets, want to avoid probate, or need to plan for a blended family situation. Trust-based plans run $2,500-$5,500 – and the probate savings alone justify the investment for most homeowning families.

Many Michigan residents assume they can “just do a will” and be fine. But a will doesn’t avoid probate – it requires it. For a family with a $300,000+ home and retirement accounts, the difference between a $3,500 trust-based plan now and a $10,000-$15,000 probate later is a decision with real financial consequences.

Why Probate Is So Expensive and Time-Consuming in Michigan

Probate in Macomb County follows the same EPIC framework as the rest of Michigan, but every county court operates differently. The Macomb County Probate Court at 40 N. Main Street in Mount Clemens handles everything from opening estates to resolving creditor claims and distributing assets.

Under MCL 700.3101, a decedent’s property technically passes at death – but only after the court validates the will, settles debts, and authorizes transfers. That process involves a $175 filing fee, publication costs of $150-$250, an inventory fee of 1-3% of estate value, and attorney fees that accumulate across months of administration. In our experience representing Macomb County families, straightforward probate estates typically cost $10,000-$15,000 in total.

The timeline? Most estates take 7 to 12 months minimum, with a 4-month statutory creditor claim period that can’t be shortened. Contested estates or those involving real property complications take longer.

The Lady Bird Deed: Michigan’s Most Powerful Probate-Avoidance Tool

For Shelby Township homeowners specifically, the Lady Bird deed deserves its own conversation. Macomb County property values have climbed steadily, and for many families, the home is the single largest asset in the estate.

A Lady Bird deed transfers your home automatically at death – no probate, no court involvement, no delay. Your beneficiary receives a stepped-up tax basis (meaning reduced capital gains if they sell), and you retain full ownership rights until death. You can sell the property, take out a mortgage, or change beneficiaries at any time without the beneficiary’s consent.

The Medicaid planning angle matters too. With Michigan nursing home costs running $10,000-$15,000 per month, asset protection is a real concern for aging Macomb County residents. A Lady Bird deed preserves Medicaid eligibility because you haven’t made a completed transfer – a critical distinction that standard deeds don’t provide. Proactive elder law planning with Boroja, Bernier & Associates starts at $6,500-$9,500, and for families facing a long-term care crisis, our crisis planning services range from $12,000-$20,000+.

What Does Estate Planning Cost with BBA Law?

Transparent pricing matters. Here’s what Macomb County families can expect:

Will-based estate plans (will, powers of attorney, healthcare directive, etc.): $1,500-$2,500

Trust-based estate plans (revocable trust, pour-over will, powers of attorney, healthcare directive, assignment of personal property, etc.): $2,500-$5,500

Power of attorney packages (standalone): $1,000-$1,500

Proactive elder law planning: $6,500-$9,500

Crisis elder law planning: $12,000-$20,000+

Guardianship proceedings: $5,000-$10,000+

Compare those numbers to the cost of doing nothing. Probate alone runs $10,000-$15,000 for a straightforward estate. Conservatorship for an incapacitated family member without a power of attorney? $5,000-$10,000+ just to get started, with typical ongoing annual costs of $10,000-$15,000 per year. The estate plan pays for itself – it’s not a question of whether you can afford to plan, it’s whether you can afford not to.

Frequently Asked Questions

Ready to Protect Your Macomb County Legacy?

Every day without an estate plan is a day your family is unprotected. The families who navigate loss, incapacity, and transition most smoothly are the ones who planned before the crisis hit.

At Boroja, Bernier & Associates, we help Michigan families throughout the state create estate plans that actually work – not generic templates, but customized documents built around your family, your assets, and your goals. Our headquarters in Shelby Township means Macomb County families have a local resource backed by statewide capability, with additional offices in Troy, Ann Arbor, and Lansing.

To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call (586) 991-7611. Because you deserve better than hoping it works out.