Many Michigan residents try to handle estate planning on their own using online forms or generic templates. At first glance, do-it-yourself estate plans seem simple, affordable, and convenient. In reality, these plans often fail when they are tested under Michigan law.
We regularly meet families in Oakland County and Macomb County who believed they were protected, only to discover critical errors after a loved one became incapacitated or passed away.
Michigan estate law is technical, statute-driven, and unforgiving when documents are incomplete or improperly executed. When a DIY plan fails, the result is usually confusion, court involvement, and outcomes that do not reflect the person’s real intentions.
Michigan estate planning is governed primarily by the Estates and Protected Individuals Code, found at MCL 700.1101 et seq. These statutes set strict requirements for wills, trusts, powers of attorney, and probate administration. Online forms rarely account for these details. Our role is to help clients understand why Michigan law treats estate planning as a legal process, not a fill-in-the-blank exercise, and why careful planning matters long before a crisis occurs.
DIY Wills Often Do Not Comply With Michigan Formalities
Michigan law imposes specific execution rules for a valid will under EPIC. A will generally must be in writing, signed by the testator, and witnessed properly as required by MCL 700.2502. Many DIY wills fail because witnesses are improper, signatures are missing, or the document language creates internal conflicts.
Even small mistakes can invite challenges in probate court. Handwritten changes, unclear beneficiary designations, or attempts to combine multiple documents into one plan often create ambiguity. When a will is unclear or defective, a probate judge may be forced to rely on default rules rather than the person’s stated wishes. That is not what most families expect when they attempt to plan on their own.
Powers Of Attorney Are Commonly Invalid Or Outdated
One of the most common failures we see involves powers of attorney. Michigan replaced its former durable power of attorney provisions in the Estates and Protected Individuals Code (EPIC) with the Michigan Uniform Power of Attorney Act (UPOAA), 2023 PA 187, effective July 1, 2024. The new Act (MCL 556.201-556.505) provides a comprehensive, standardized framework for financial powers of attorney, offering more detailed guidance on agent duties, liability, and authority.
Many DIY forms still rely on outdated language or repealed statutes, making them ineffective.
Under the new Act, powers of attorney must meet specific execution standards and include defined authority grants. Financial institutions and health care providers are far more likely to reject documents that do not strictly comply with current law. When that happens, families often have no choice but to petition the probate court for a conservatorship or guardianship under EPIC. That process is public, time-consuming, and avoidable with proper planning.
DIY Trusts Often Create More Problems Than They Solve
Trusts are frequently marketed online as a way to avoid probate. While trusts can be effective tools, they must be properly drafted, funded, and coordinated with the rest of the estate plan. Michigan law recognizes trusts under MCL 700.7101 et seq., but the statute assumes careful legal drafting.
DIY trusts often fail because assets are never transferred into the trust, beneficiary provisions conflict with other documents, or trustee powers are unclear. When a trust is incomplete or internally inconsistent, probate court involvement may still be required. A trust that exists only on paper does not accomplish its purpose under Michigan law.
Beneficiary Designations Are Commonly Overlooked Or Conflicting
Michigan estate planning is not limited to wills and trusts. Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts play a major role. DIY plans frequently ignore these assets or fail to coordinate them with the overall plan.
Michigan law generally honors beneficiary designations regardless of what a will says. That means an outdated designation can override a carefully written document. We often see situations where an ex-spouse, unintended individual, or outdated trust remains listed because no one reviewed the account paperwork. DIY planning rarely addresses these risks in a meaningful way.
DIY Plans Do Not Account For Incapacity Planning
Estate planning is not only about death. Michigan law provides tools for incapacity planning through durable powers of attorney and patient advocate designations under EPIC. DIY plans often focus on asset distribution and ignore what happens if someone becomes unable to manage their affairs.
Without valid incapacity documents, families may be forced into probate court proceedings to gain authority. Judges then decide who will act and what powers they will have. Proper planning allows you to choose decision makers in advance and avoid court oversight during already stressful times.
Michigan Probate Courts Apply The Law Strictly
Probate judges in Michigan are bound by statute. They cannot fix poorly drafted documents or guess at intent. If a DIY plan does not meet legal requirements, the court applies default rules under EPIC. That often surprises families who believed they had everything handled.
Estate planning is about certainty. DIY approaches introduce uncertainty at the exact moment clarity is needed most. Michigan law rewards preparation and punishes shortcuts, even when mistakes were unintentional.
Frequently Asked Questions About DIY Estate Planning In Michigan
Why Do Online Estate Planning Forms Fail In Michigan?
Most online forms are not tailored to Michigan statutes. They often rely on generalized language that does not comply with EPIC or the Michigan Uniform Power of Attorney Act. When institutions or courts review these documents, defects become obvious, and enforcement fails.
Are Handwritten Wills Valid In Michigan?
Michigan does recognize holographic wills under limited circumstances, but they must meet strict requirements. Handwritten notes, partial documents, or informal letters usually create disputes rather than clear instructions.
Why Are Old Powers Of Attorney No Longer Accepted?
Michigan repealed prior power of attorney statutes and replaced them with MCL 556.201 et seq. Documents based on the repealed law may be rejected by banks and third parties because they do not reflect current statutory authority.
Can A DIY Trust Avoid Probate In Michigan?
Only if it is properly drafted and funded. Many DIY trusts fail because assets were never transferred into the trust or because the trust terms conflict with Michigan law.
What Happens If My Estate Plan Is Unclear?
When documents are unclear, Michigan probate courts apply statutory default rules. That often leads to outcomes the person never intended and increases court involvement.
Is Estate Planning Only For Wealthy Families?
No. Estate planning under Michigan law affects anyone who owns property, has children, or wants control over future decisions. DIY planning fails at all income levels when legal requirements are ignored.
Call Boroja, Bernier & Associates To Schedule A Consultation
If you are relying on a DIY estate plan or outdated documents, now is the time to review them under current Michigan law. At Boroja, Bernier & Associates, we help individuals and families create estate plans that work when they are needed most. Our law offices in Troy, Michigan, and Shelby Township, Michigan, serve clients throughout Oakland County and Macomb County. Call the Michigan estate planning attorneys at Boroja, Bernier & Associates at 586-991-7611 to schedule a consultation.
