As attorneys at Boroja, Bernier & Associates, we often meet individuals who created an estate plan years ago and have not looked at it since. While having an estate plan in place is an important first step, keeping it current is equally critical. Michigan’s estate planning laws can evolve, and life circumstances rarely stay the same. Major life events such as marriage, divorce, the birth of a child, changes in business ownership, or moving to a new home can affect how property is distributed or how legal documents function. Without periodic updates, even a well-drafted plan may no longer reflect a person’s current goals or comply with Michigan law.
Estate planning is not a “one and done” process. Michigan residents should view their plans as living documents that must grow and change as their lives do. By regularly reviewing and updating documents, families can avoid unnecessary court disputes, prevent unintended beneficiaries from inheriting, and ensure their wishes are honored.
Why Estate Plans Need Regular Updates
Under Michigan’s Estates and Protected Individuals Code (EPIC), codified at MCL 700.1101 et seq., an estate plan includes various documents such as wills, trusts, powers of attorney, and health care directives that define how property, financial affairs, and medical decisions are handled. When laws change or a person’s circumstances shift, the provisions of these documents can become outdated or even invalid.
For example, changes to Michigan inheritance or tax laws can affect how assets are distributed through wills or trusts. If a will references outdated statutes or beneficiaries, courts could interpret it in a way that conflicts with the creator’s intent. Similarly, if a named executor, trustee, or guardian has passed away or moved out of state, new appointments must be made to maintain compliance and effectiveness.
Key Life Events That Trigger Estate Plan Reviews
We recommend reviewing an estate plan at least every three to five years—or immediately following significant life events. Common reasons include:
- Marriage or Divorce – Under MCL 700.2801, a spouse’s legal status directly impacts inheritance rights. Divorce automatically revokes certain provisions that favor an ex-spouse, but other documents, such as trusts or life insurance policies, must be updated manually.
- Birth or Adoption of a Child – Adding a child or grandchild to the family is a critical moment to revise wills, trusts, and guardianship provisions.
- Death or Incapacity of a Beneficiary or Fiduciary – If someone named in the estate plan dies or becomes incapacitated, alternate beneficiaries or fiduciaries must be designated.
- Significant Financial Changes – Acquiring or selling major assets, such as real estate or a business, can dramatically affect estate distribution.
- Relocation – Moving to or from Michigan may change applicable laws regarding community property, taxes, and probate.
- Changes in Health – As individuals age or develop medical conditions, revisiting advance directives and powers of attorney ensures continued control over medical care decisions.
The Importance Of Reviewing Trusts And Powers Of Attorney
In Michigan, revocable living trusts are governed by the Michigan Trust Code (MCL 700.7101) These trusts allow individuals to manage and distribute assets without probate. However, when trustees or beneficiaries change, or when property titles shift, the trust should be amended.
Similarly, financial powers of attorney are now governed by the Michigan Uniform Power of Attorney Act (MCL 556.201), which replaced the former statutes MCL 700.5501–.5505 in July 2024. Under the new Act, a power of attorney must meet updated statutory requirements to be valid and enforceable. These documents should be reviewed periodically to ensure the appointed agent is still appropriate and that the document complies with the current law. An outdated or non-compliant power of attorney can cause delays or lead financial institutions to refuse to honor it.
Risks Of Ignoring Estate Plan Updates
Failing to update estate documents can have costly consequences. Outdated wills can cause conflicts among heirs, force assets through probate, or even invalidate intended distributions. For example, if a will omits a newly born child or fails to reflect remarriage, Michigan’s intestate succession laws under MCL 700.2102 may dictate unintended results.
Outdated beneficiary designations on retirement accounts or insurance policies can also override a will’s instructions, leading to assets being distributed contrary to a person’s wishes. Regular reviews can prevent these issues and provide peace of mind.
How Often Should Estate Plans Be Reviewed?
While major life events always warrant an update, a good rule of thumb is to review all documents every three to five years. This review allows for adjustments based on legislative changes, financial growth, or evolving family relationships. Even small revisions—like updating addresses or clarifying instructions—can make a significant difference.
At Boroja, Bernier & Associates, we encourage clients to schedule periodic consultations to ensure their estate plans remain compliant, effective, and aligned with their goals.
FAQs About Updating Estate Plans In Michigan
How Often Should A Michigan Resident Update A Will Or Trust?
Most Michigan residents should review their estate documents every 3 to 5 years or after any major life change. Regular reviews help ensure compliance with current state law and reflect evolving family or financial situations.
Does A Divorce Automatically Revoke An Ex-Spouse’s Inheritance Rights?
Under Michigan law, divorce revokes provisions in a will that favor an ex-spouse. However, individuals must manually update other documents, such as life insurance, trusts, and retirement accounts, to remove the former spouse as a beneficiary.
What Happens If An Estate Plan Includes Outdated Financial Information?
If an estate plan lists assets or accounts that no longer exist, the plan may create confusion during administration. Courts could interpret instructions incorrectly, delaying distribution or increasing probate costs.
Do Changes In Michigan Estate Laws Affect Old Wills Or Trusts?
Yes. Legislative amendments can alter how property passes, how taxes are assessed, or what powers fiduciaries hold. Failing to revise documents in line with updated laws could render parts of the plan unenforceable.
Can Digital Assets Be Included In A Michigan Estate Plan?
Yes. Michigan adopted the Fiduciary Access to Digital Assets Act, allowing personal representatives and trustees to manage digital property. Updating estate documents to address online accounts, cryptocurrency, or social media ensures these assets are properly handled.
What If A Named Executor Or Trustee Dies Or Moves Out Of State?
If an executor or trustee is unavailable, the probate court may need to appoint a replacement. Updating estate documents in advance avoids this delay and ensures a trusted individual carries out the plan.
Why Should Medical Powers Of Attorney Be Updated Regularly?
Medical preferences and relationships change over time. Revising healthcare powers of attorney ensures that a trusted individual is designated to make critical medical decisions if the principal becomes incapacitated.
Is Professional Help Necessary For Minor Updates?
While some updates appear simple, even small wording changes can have major consequences. Working with a qualified Michigan estate planning attorney helps ensure documents remain legally valid and enforceable.
Call Boroja, Bernier & Associates For Estate Planning Guidance
At Boroja, Bernier & Associates, our legal team understands that life never stands still—and neither should an estate plan. With offices in Troy and Shelby Township, we serve individuals and families across Oakland County and Macomb County. Our attorneys review, update, and maintain estate plans to ensure they reflect current wishes and comply with Michigan law.
To schedule a free consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, by calling our law offices at 586-991-7611. Let our team help protect what matters most—family, assets, and legacy.
