If something happened to you tomorrow, who would raise your kids?

Most parents in Metro Detroit have an answer in their head. A sister, a grandparent, a close friend. But unless that answer is written down in a legally valid document, it doesn’t matter. Without a will naming guardians, a Macomb, Oakland, or Wayne County probate judge — a stranger — decides who raises your children and who controls any money they inherit.

That’s not a hypothetical. It’s what happens every year to Michigan families who assumed they had time to plan.

Contested guardianship hearings are expensive, emotional, and slow. Relatives end up fighting in court while children sit in limbo. Grandparents compete with aunts and uncles. Stepparents discover they have no automatic legal standing. And the money parents intended for their kids’ futures gets tied up in court-supervised conservatorships instead of flowing into protected structures the parents would have chosen themselves.

Coordinated planning for both “who raises the kids” and “who manages the money” is essential for Tri-County Area families in 2026. The good news: getting this right isn’t complicated when you work with an attorney who understands Michigan guardianship law, trust structures, and how Macomb, Oakland, and Wayne County probate courts actually operate.

Here’s what Michigan parents need to know — and what happens when they don’t plan at all.

Naming Guardians in Your Will Under Michigan Law

The single most important thing parents of minor children can do is nominate a guardian in a properly executed will or separate written designation. Under MCL 700.5202, Michigan’s parental appointment statute, parents can nominate the person they want to raise their children if both parents die or become unavailable.

The probate court gives significant weight to these nominations. While the court must still formally appoint the guardian and confirm the arrangement serves the child’s best interests, a clear written nomination from both parents dramatically reduces the likelihood of a contested hearing — and virtually eliminates the possibility of a judge appointing someone the parents never would have chosen.

Without a nomination, the court works from a statutory priority list and considers whoever steps forward to petition. That might be a grandparent, an aunt, an uncle, or even a family friend — but the decision is the judge’s, not yours.

Choosing the Right Guardian for Your Family

Selecting a guardian is deeply personal, but practical considerations matter as much as emotional ones. For Tri-County Area families, key factors include:

• Proximity to schools and community — Will the children need to change schools, leave their neighborhood, or lose contact with friends? A guardian in Shelby Township, Sterling Heights, or Troy may preserve more stability than one across the state.
• Health and age — A 75-year-old grandparent may be a loving choice but may not have the energy or longevity to raise young children through high school and beyond.
• Parenting style and values — Does this person share your approach to education, discipline, religion, and extracurricular priorities?
• Willingness and capacity — Have you actually asked them? A guardian who’s surprised by the appointment is far more likely to decline.
• Financial stability — While the guardian doesn’t need to fund the children’s expenses out-of-pocket (that’s what trusts and life insurance are for), basic financial stability matters for providing a secure home environment.

Always name at least one backup guardian. Life circumstances change — your first choice may move, develop health issues, or simply be unable to serve when the time comes. A successor nomination prevents the court from starting the selection process from scratch.

Separate Nominations for Different Children

Parents with children from different relationships sometimes need to name different guardians for different children — or at least address the possibility. The nomination document should be specific, thoughtful, and drafted with an understanding of how Michigan probate courts evaluate competing petitions.

Why Leaving Assets Directly to Minor Children Creates Problems

Here’s what many parents don’t realize: Michigan law does not allow minors to directly own or control significant assets. If a parent’s will, life insurance policy, or retirement account names a minor child as beneficiary — or if assets pass to a child through intestacy (no will) — the result is a court-supervised conservatorship.

That means a Macomb, Oakland, or Wayne County probate judge appoints a conservator to manage the child’s money, the conservator must file annual accountings with the court, and the child receives full, unrestricted access to the entire inheritance at age 18.

For most families, that’s a disaster waiting to happen. An 18-year-old with an unrestricted six-figure inheritance and no financial guardrails rarely makes the decisions their parents would have wanted.

The solution is structuring how assets reach your children — not just how much. Michigan parents have two primary tools: trusts and UTMA accounts.

Children’s Trusts: Custom Protection Beyond Age 18

A children’s trust — typically created as a sub-trust within a revocable living trust or through testamentary trust provisions in a will — gives parents control over three critical questions:

1. Who manages the money? (The trustee)
2. What can the money be used for? (Education, housing, healthcare, reasonable support — whatever the parents specify)
3. When does the child get full control? (Custom distribution ages the parents choose)

Staged Distributions: Balancing Access with Protection

The most common approach for Tri-County Area families is a staged distribution structure that releases money gradually:

• One-third at age 25 — after college is complete and the child has some real-world experience
• One-half of the remainder at age 30 — when career and lifestyle patterns are more established
• The balance at age 35 — full distribution of whatever remains

Between distribution milestones, the trustee can still pay for college tuition, graduate school, a first home down payment, medical expenses, and reasonable living support — the children aren’t cut off, but they don’t have unsupervised access to a lump sum.

Many Metro Detroit parents don’t realize they can customize these ages and terms however they want. Some families choose a single distribution at age 30. Others stretch distributions to 40 or beyond. The flexibility is one of the primary reasons trusts outperform every other option for protecting children’s inheritances.

Trustee Selection: Separate the Money from the Parenting

Parents often name the same person as both guardian and trustee. That can work, but separating the roles creates a system of checks and balances — the guardian focuses on raising the children, and the trustee manages the money independently. This prevents conflicts of interest and gives both the guardian and the trustee someone to answer to.

If you name the guardian as trustee, at minimum name a different successor trustee who can step in if questions about financial management arise.

UTMA Accounts: A Simpler Option for Smaller Inheritances

The Uniform Transfers to Minors Act (UTMA) provides a simpler alternative when the inheritance is relatively modest and extended trust protection isn’t necessary. Under a UTMA account, a custodian manages the funds on the child’s behalf until the account terminates at age 18 in Michigan.

UTMA accounts work well for:

• Smaller inheritances where the cost and complexity of a trust isn’t justified
• Gifts from grandparents or relatives who want a simple vehicle for transferring money to minors
• Supplemental funds that complement a larger trust structure

When UTMA Falls Short

UTMA accounts have meaningful limitations that make them inadequate for larger estates or families with complex needs:

• Fixed termination age — The child gains full, unrestricted control at age 18 in Michigan — no exceptions, no extensions, regardless of maturity or circumstances.
• No creditor protection — UTMA assets may be reachable by the child’s creditors once the account terminates.
• No customized distribution terms — You can’t stage distributions or restrict use to specific purposes like education or healthcare.
• No successor planning — UTMA doesn’t accommodate the layered backup structures that trusts allow.

“For Tri-County Area families with life insurance policies, retirement accounts, and real estate that could leave children with six-figure or seven-figure inheritances, a trust is almost always the better choice. UTMA is a useful tool — but it’s not a substitute for comprehensive planning.”

Tri-County Court Approvals and What Happens Without a Plan

When parents die without a will or trust addressing minor children, the process moves to probate court in the county where the child resides. For families in Shelby Township, Clinton Township, Sterling Heights, and surrounding communities, that usually means Macomb County Probate Court. Families in Troy, Rochester Hills, and Bloomfield Hills go through Oakland County Probate Court. Detroit and Dearborn families land in Wayne County Probate Court.

The court must:

• Appoint a guardian for the child’s person (who raises them)
• Appoint a conservator for the child’s estate (who manages money)
• Review annual accountings from the conservator
• Authorize significant expenditures in many cases

This process works — courts handle it every day — but it’s slower, more expensive, less private, and less flexible than what the parents could have arranged themselves. Guardianship and conservatorship proceedings in Michigan typically cost $5,000 to $10,000+ in legal fees, and the ongoing court supervision adds administrative burden for years.

Using trusts, clear will-based guardian nominations, and properly coordinated beneficiary designations minimizes court involvement and keeps more decisions with the family instead of the bench. That’s not just more efficient — it’s what most parents actually want.

Stepparents, Blended Families, and Common Misconceptions

One of the most dangerous misconceptions in Michigan family planning is that a stepparent automatically becomes the child’s guardian if the biological parent dies. That’s not how it works.

Without a formal adoption or a written guardian nomination, a stepparent has no automatic legal standing to continue raising the child — even if they’ve been the child’s primary caregiver for years. The biological parent on the other side of the family (if living) typically has superior legal rights. If no biological parent is available, the court considers all petitioners equally, and extended biological family members may have stronger claims than a stepparent under Michigan law.

Planning for Blended Families

Blended families need more intentional planning, not less. Key considerations include:

• Nominate the stepparent explicitly if you want them to serve as guardian — don’t assume the court will figure it out
• Address biological parent rights — if the other biological parent is living, understand that your nomination may be superseded by their parental rights unless those rights have been terminated
• Separate guardian and trustee roles — in blended families, appointing an independent trustee (rather than the stepparent) to manage children’s funds can reduce friction between the stepparent, extended biological family, and the children’s financial interests
• Coordinate with existing custody orders — if a custody order from a divorce is in place, that order may affect who has priority as guardian

“At Boroja, Bernier & Associates, we regularly help blended families throughout the Tri-County Area navigate these complexities — ensuring that guardian nominations, trust structures, and beneficiary designations all work together instead of creating contradictions.“

Frequently Asked Questions About Planning for Minor Children in Michigan

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

The probate court in your county appoints a guardian and conservator based on Michigan’s statutory framework and the child’s best interests. Family members, stepparents, or other interested parties may petition the court — and if multiple people petition, a contested hearing determines the outcome. The process costs $5,000 to $10,000+ in legal fees, takes months, and leaves the decision entirely in a judge’s hands rather than yours.

At what age does a child receive their inheritance in Michigan?

Without trust planning, a child receives full, unrestricted access to their inheritance at age 18 — Michigan’s legal age of majority. With a properly drafted children’s trust, parents can delay full distribution to 25, 30, 35, or any age they choose while still allowing the trustee to pay for education, healthcare, housing, and reasonable support in the meantime. UTMA accounts terminate at age 18 in Michigan.

Can I name different guardians for different children?

Yes. Michigan law allows parents to nominate different guardians for different children. This is most common in blended families where children from different relationships may have different optimal placements. The nominations should be specific and well-documented to help the probate court understand the parents’ reasoning.

What’s the difference between a guardian and a conservator?

A guardian is responsible for the child’s person — daily care, education, medical decisions, and upbringing. A conservator manages the child’s finances and assets. These can be the same person or different people. When parents create trusts for their children, the trustee replaces the conservator role — managing money privately under the trust terms rather than under court supervision.

How much does it cost to set up guardianship nominations and children’s trusts?

Comprehensive will-based estate plans that include guardian nominations, powers of attorney, and advance directives typically range from $1,500 to $2,500 at Boroja, Bernier & Associates. For families who want trust-based plans with children’s sub-trusts, staged distribution provisions, and trustee appointments, comprehensive trust-based estate plans range from $2,500 to $5,500 depending on complexity. These plans also coordinate life insurance beneficiary designations and retirement account beneficiaries to ensure funds flow into the correct child-focused structures.

Does a stepparent automatically become guardian if my spouse dies?

No. A stepparent has no automatic legal right to guardianship unless they have formally adopted the child or been nominated in a valid will or written designation. If the child’s other biological parent is living, that parent typically has superior rights regardless of the stepparent’s role in the child’s daily life. Explicit nominations are essential for stepparent families.

Should I use a UTMA account or a trust for my children?

It depends on the size and complexity of the inheritance. UTMA accounts work well for smaller amounts where simplicity is the priority and the fixed termination age of 18 is acceptable. For larger inheritances — especially when life insurance, retirement accounts, or real estate are involved — a trust offers custom distribution ages, creditor protection, and ongoing management flexibility that UTMA cannot provide. Many families use both: a trust for the primary estate and UTMA accounts for smaller supplemental gifts.

Give Your Children the Protection They Deserve

Your children are the most important part of your estate plan — and the part most parents put off the longest. A properly drafted will with guardian nominations, a trust with staged distributions and a capable trustee, and coordinated beneficiary designations across life insurance and retirement accounts create a safety net that works whether you’re here or not.

At Boroja, Bernier & Associates, we help Michigan families throughout the state build estate plans that protect every family member — especially the ones who can’t protect themselves. Our estate planning attorneys work with Tri-County Area parents to align guardianship nominations, children’s trusts, life insurance, and retirement account designations into a coordinated plan — so nothing falls through the cracks.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families across Macomb County, Oakland County, Wayne County, and all of Michigan with estate planning services designed to prevent the problems most families don’t see coming.

To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Your children can’t plan for their own future. But you can — and the best time to start is before you need to.