A last will and testament is one of the most important documents a person can have in place. It puts your intentions in writing—who receives your property, who raises your children if something happens to you, and who you trust to carry out your wishes. Yet most people in Clinton Township, like most people everywhere, don’t have one. The reasons vary: it feels distant, it’s uncomfortable to think about, or there’s a sense that it can always be done later. Mihelich & Kavanaugh, PLC is here to make the process straightforward and give you the peace of mind that comes from having a plan.
What a Will Does—and What It Doesn’t
A will directs how your probate assets are distributed after your death. It can name specific people to receive specific items, leave your estate in shares, or establish conditions on how certain assets are used. It is also the document where you name an executor—the person responsible for carrying out its terms—and, critically, where parents name a guardian for minor children.
It’s equally important to understand what a will doesn’t control. Assets held in a trust, accounts with designated beneficiaries, jointly owned property, and payable-on-death accounts all pass outside of the will regardless of what it says. A complete estate plan takes both into account. Our attorneys help Clinton Township clients understand the full picture so that nothing important is left to chance.
What Happens If You Die Without a Will in Michigan
Dying without a valid will is called dying intestate. When that happens, Michigan law determines who receives your property—not you. The state’s intestate succession rules distribute assets to relatives in a fixed order: typically a spouse, then children, then more distant relatives. While this formula may reflect what some people would have wanted, it often doesn’t. A spouse may end up sharing the estate with adult children from a prior relationship. A partner who wasn’t legally married receives nothing. Stepchildren may be excluded entirely.
Dying without a will also means the court selects who administers your estate, which may or may not be the person you would have chosen. If you have minor children and no will designates a guardian, the court makes that decision as well. Having a will in place keeps those choices where they belong—with you.
Requirements for a Valid Will in Michigan
Michigan law sets specific requirements for a will to be legally valid. The person making the will must be at least 18 years old and of sound mind. The document must be in writing and signed, and Michigan generally requires that it be witnessed by at least two individuals who are not beneficiaries. While Michigan does recognize holographic wills—those written entirely in the testator’s handwriting—these documents often create problems because they lack the precision of an attorney-prepared will.
Wills drafted without legal guidance frequently contain ambiguities, leave out important provisions, or fail to account for how assets are titled. These issues can create disputes during probate that are difficult and expensive to resolve. Working with an attorney from the start avoids those problems.
Updating an Existing Will
A will isn’t a one-and-done document. Life changes—marriages, divorces, births, deaths, major asset acquisitions or sales—all create situations where an existing will may no longer reflect your wishes or may produce unintended results. We recommend reviewing estate planning documents after any significant life event and at least every few years as a general practice.
Our attorneys help Clinton Township clients review their existing documents and make updates that reflect their current situation. In some cases, a codicil—an amendment to an existing will—is appropriate. In others, drafting a new will is the cleaner approach.
Contact a Clinton Township Will Lawyer Today
Getting a will in place is one of the most responsible things you can do for your family. Contact Mihelich & Kavanaugh, PLC to schedule a consultation with a Clinton Township estate planning attorney. We make the process clear, efficient, and tailored to your specific situation.
