If you have not yet taken the time to put a will or other estate planning documents in place, you are far from alone. According to a recent Gallup poll, less than half of all adults in the United States (46 percent) have a will in place. Those over the age of 65 are more likely to have wills (just over 75 percent), while younger individuals are less likely to have taken the steps to create a will (only 20 percent of adults under the age of 30 report having a will). While most people consider the estate planning process to apply primarily to older individuals, such as those nearing the age of retirement, there are many advantages to putting some basic estate planning documents in place in your early adulthood. Life may present unexpected challenges, and your loved ones may find themselves at a loss regarding how to navigate the aftermath of a sudden incapacity or passing. Having a valid will in place ensures that your wishes and vision for your legacy are known if and when the time comes.
As you approach the process of creating a will in Michigan, it’s important to understand the legal requirements for wills in order to avoid making mistakes that can lead to complications like significant delays, legal challenges, or unintended inheritance outcomes. Let’s take a closer look at how to make a legal will in Michigan and why partnering with an experienced and caring Michigan estate planning attorney is the best way to proceed with greater confidence and certainty.
The Legal Requirements For a Valid Will in Michigan
Michigan laws specify the legal requirements that are necessary in order for a will to be considered valid. A will can only be considered legally valid when all of the following apply.
- The person creating the will (the testator) must be eighteen years of age or older and of sound mind.
- The will must be documented in writing.
- The will must be signed by the testator (or by someone directed to do so by the testator).
- The will must be signed by at least two witnesses who are not beneficiaries of the estate.
- Under certain circumstances, holographic wills (those that are handwritten and not signed by witnesses) may be considered valid.
As you approach the process of drafting your will, you should at the very least follow Michigan’s will requirements to ensure that the estate planning documents you put in place are valid. To learn more about the estate planning process, enlisting the guidance of a skilled and trusted Michigan estate planning lawyer is highly recommended.
Common Mistakes That Can Invalidate a Will in Michigan
Just as it is important to understand Michigan’s will requirements, familiarizing yourself with common will mistakes can help you avoid costly errors and oversights. Below are just a few mistakes that Michigan residents can make when navigating the estate planning process.
- Not following proper witnessing procedures.
- Using unclear or contradictory language when drafting the will.
- Neglecting to update the will after major life events, such as divorce, births, or deaths.
- Naming outdated or disqualified executors to oversee the estate administration process.
- Relying solely on do-it-yourself templates without a thorough legal review.
Although there are several convenient and cost-effective ways to draft a will, such as do-it-yourself will templates, these generic forms may not give you the comprehensive legal protections you are looking for. Many of these templates are overly vague, leaving testators with unclear wills that can create legal headaches and costly legal disputes. If you opt to use a do-it-yourself template to create a will, it is recommended that you have it reviewed by a highly experienced Michigan estate planning attorney to make sure that it will sufficiently protect the best interests of you and your loved ones moving forward.
How a Michigan Estate Planning Lawyer Can Help You Avoid Costly Errors
While the prospect of hiring an attorney to put a will in place may seem like an unnecessary expense, doing so can end up saving you and your loved ones considerable time, stress, and expenses in the future. By spotting and addressing any problems early on, your attorney can help you avoid costly mistakes. When you partner with a dedicated and caring Michigan estate planning attorney, you can trust that the will you put in place meets all the necessary legal requirements. Moreover, your lawyer can help you update your estate planning documents as laws or life circumstances change over time. In Michigan, invalid wills can lead to a number of serious consequences, such as family disputes, prolonged probate, increased legal costs, emotional stress, and unintended beneficiary or inheritance outcomes. Now would be a good time to focus on establishing an estate plan that aligns with your needs and goals. Once these protections are in place, you can face the future with greater ease and peace of mind.
Frequently Asked Questions (FAQs) About Wills and Estate Plans in Michigan
Can I Write My Own Will in Michigan?
Yes, but it must meet specific legal requirements, and mistakes can easily invalidate it. To avoid these potential issues, it’s best to seek the guidance of a trusted and knowledgeable estate planning attorney.
Do Wills in Michigan Need to Be Notarized?
No, but notarization can help to create a “self-proving” will that simplifies the probate process.
Are Handwritten Wills Valid in Michigan?
Sometimes. Holographic wills can be valid if they meet Michigan’s specific standards.
Can a Will Be Contested in Michigan?
Yes, especially if the will is unclear, improperly executed, or created under pressure or duress.
Get Started With a Top Michigan Estate Planning Lawyer Today
If you are looking for personalized and effective legal support as you develop an estate plan that protects you and your loved ones while keeping your legacy bright, the dedicated and highly experienced legal team at Warren and Schairbaum, PLLC, is ready to assist you. We believe in empowering our clients to make informed decisions about their estate plans so that they can enjoy greater peace of mind about the future. Please reach out to our Ann Arbor, Michigan office today by calling (734) 769-9300.