At Boroja, Bernier & Associates, we often meet families who know they need an estate plan but are unsure where to start. Estate planning is more than just drafting a will. It involves preparing a comprehensive set of documents to ensure your wishes are carried out during your lifetime and after you pass away. Without these protections, your loved ones may face confusion, legal disputes, or lengthy probate proceedings. Creating a well-structured plan under Michigan law gives you control over important decisions and peace of mind for the future.
Under the Michigan Estates and Protected Individuals Code (MCL 700.1101 et seq.), residents have access to several legal tools that define how property is distributed, who makes medical and financial decisions if they become incapacitated, and how minor children or dependents are cared for. Every adult in Michigan, regardless of age or wealth, should consider having these key documents in place.
Last Will And Testament
A Last Will and Testament sets forth your instructions on how your assets will be distributed after your death. It also allows you to name a personal representative to administer your estate and appoint guardians for minor children. Without a valid will, your estate will be distributed according to Michigan’s intestacy laws (MCL 700.2101 et seq.), which may not align with your wishes. Having a properly executed will ensures your voice is heard and reduces disputes among heirs.
Revocable Living Trust
A Revocable Living Trust allows you to transfer ownership of your assets into a trust during your lifetime. This tool helps avoid probate, provides privacy, and allows for smoother management of your estate if you become incapacitated. Michigan law under MCL 700.7501 et seq. permits you to act as your own trustee while you are alive and capable, and to name successor trustees to manage and distribute assets according to your instructions after your death.
Durable Power Of Attorney
A Durable Power of Attorney grants someone you trust the authority to manage your financial affairs if you cannot do so yourself. This document can cover paying bills, managing investments, and handling legal matters. Without this, your family may need to seek a court-appointed conservator under MCL 700.5401, which can be costly and time-consuming. A power of attorney avoids unnecessary delays and ensures your finances are protected.
Patient Advocate Designation (Health Care Power Of Attorney)
Michigan law allows you to name a patient advocate under MCL 700.5506 et seq. to make medical decisions on your behalf if you are unable to do so. This document can outline your preferences for life-sustaining treatment, organ donation, and other important medical care decisions. Without a patient advocate designation, your loved ones may have to go to court to obtain authority to make health care choices, potentially causing delays in treatment.
Living Will Or Advance Directive
Although not specifically recognized by Michigan statute, a Living Will or Advance Directive is a written statement that expresses your wishes regarding end-of-life medical care. While not legally binding, it serves as guidance for your patient advocate and health care providers, ensuring your preferences are respected.
Beneficiary Designation
Beneficiary designations on retirement accounts, life insurance policies, and certain financial accounts override instructions in a will or trust. Keeping these designations up to date is crucial to ensure your assets go to the intended beneficiaries without unnecessary probate proceedings.
Frequently Asked Questions About Michigan Estate Planning Documents
What Happens If I Die Without A Will In Michigan?
If you pass away without a will, your estate will be distributed under Michigan’s intestacy laws. This usually means your closest relatives inherit your property, regardless of your personal wishes. Having a will gives you control over who receives your assets.
Can A Trust Help My Family Avoid Probate In Michigan?
Yes. Assets properly transferred into a Revocable Living Trust usually bypass probate, saving time and reducing costs for your loved ones. However, a trust must be funded correctly, meaning assets must be titled in the name of the trust.
Is A Power Of Attorney Effective After Death?
No. A Durable Power of Attorney only applies during your lifetime. After you pass away, your personal representative or trustee manages your estate under the terms of your will or trust.
Do I Need Both A Will And A Trust?
In many cases, yes. A will is essential to name guardians for minor children and to cover any assets not placed in a trust. A trust offers benefits like probate avoidance and ongoing management of your estate. The two documents work together to create a more complete plan.
How Often Should I Update My Estate Planning Documents?
We recommend reviewing your documents every three to five years or after major life events such as marriage, divorce, birth of a child, or significant changes in your assets. Keeping your plan current ensures your wishes are accurately reflected and legally valid.
Who Can Serve As A Patient Advocate In Michigan?
Any competent adult may serve as your patient advocate. It should be someone you trust to follow your wishes and make sound medical decisions. The designation must be in writing, signed, witnessed, and comply with MCL 700.5506 et seq. requirements.
Call Boroja, Bernier & Associates To Protect Your Legacy
At Boroja, Bernier & Associates PLLC we help families in Troy, Shelby Township, and throughout Oakland and Macomb Counties create strong, legally sound estate plans tailored to their needs. Preparing these key documents today gives you confidence that your wishes will be honored and your loved ones protected.
Contact the Michigan estate plan attorneys at Boroja, Bernier & Associates PLLC, to receive a free consultation when you call 586-991-7611. Let our experienced estate plan lawyer help you and your family build a complete Michigan estate plan that secures your future and provides peace of mind for your family. Call us today to arrange a consultation with Boroja, Bernier & Associates PLLC.
