Most people need less than they fear and more than they have. A straightforward Michigan plan is four documents and, often, one deed — and it spares a family months in probate court at the worst possible time.
The core documents
- Will. Directs who receives what, names a personal representative, and — for parents of young children — nominates a guardian. That last point is the reason most parents finally do this.
- Revocable living trust. Keeps assets out of probate, keeps the terms private, and lets someone manage things for you if you become unable to. Useful where there is real estate, a business, a blended family, or a beneficiary who should not receive a lump sum.
- Durable power of attorney. Names who handles your finances if you cannot. Without one, your family may need a conservatorship, which is a court case.
- Patient advocate designation. Michigan's health care directive. Names who makes medical decisions and states your wishes about treatment.
The lady bird deed
Michigan is one of a small number of states recognizing the enhanced life estate deed, commonly called a lady bird deed. It transfers your home to your chosen beneficiaries automatically at death while you keep complete control during your lifetime — you can still sell, mortgage, or change your mind without anyone's consent. It keeps the house out of probate, generally preserves the step-up in basis, and is often used in Medicaid planning.
For many Michigan families whose main asset is the house, one deed accomplishes what people assume requires a trust.
Beneficiary designations override your will. Life insurance, retirement accounts, and payable-on-death accounts pass to whoever is named on the form, regardless of what your will says. Reviewing those forms is part of any plan worth doing, and it is the most commonly skipped step after a divorce.
Probate and estate administration
When someone dies, the firm represents personal representatives and families through Wayne County Probate Court and the surrounding counties.
- Opening an estate, informal and formal proceedings
- Serving as counsel to the personal representative through inventory, claims, and closing
- Small estate and summary procedures where the estate qualifies
- Transferring real estate and clearing title after a death
- Trust administration and successor trustee duties
- Guardianships and conservatorships for adults who can no longer manage
- Will contests and disputes among beneficiaries
Fees
Fee arrangements depend on the matter. The firm will explain how your matter would be billed, and what it is likely to cost, before any work begins — not after.
Common questions
Do I need a trust, or is a will enough?
A will alone means probate. For a modest estate with a house that can pass by deed and accounts with beneficiary designations, a will plus a lady bird deed often does the job. A trust earns its cost where there is real estate in more than one state, a business, a blended family, a beneficiary with special needs, or a desire for privacy.
What is a lady bird deed?
An enhanced life estate deed recognized in Michigan. It names who receives your property at death while you keep full control during life — you can sell or mortgage it without their consent. It keeps the home out of probate and is frequently used in Medicaid planning.
What happens if I die without a will in Michigan?
Michigan's intestacy statutes decide who inherits, in a fixed order that may not match what you would have chosen — particularly in blended families. The court also decides who administers the estate and, if minor children are involved, who raises them.
How long does probate take in Michigan?
A straightforward estate commonly takes several months to a year, driven largely by the creditor claim period. Contested estates and those with real estate to sell take longer.
How often should a plan be reviewed?
After any marriage, divorce, birth, death, significant purchase or sale, or move to another state. Otherwise every three to five years. Beneficiary designations should be checked at the same time.
Speak with the firm about this
Describe the situation and any deadline. The firm responds to time-sensitive matters the same business day.