Preparing Your Will Is A Crucial Step Toward Having An Estate Plan

Last updated on December 18, 2024

As a critical part of any estate plan, a will is something everyone should have, regardless of the size of your estate. You do not need to be wealthy to have a will; you just need to be an adult.

At Standard & Berry, PLLC, in Grand Rapids, our Michigan estate planning attorneys help people draft wills that protect their assets and their final wishes. Speak with one of our lawyers today to learn how a will drafting can make the process easy for you, whether you need a new will or just need to revise an existing one.

What Can A Will Do For You?

Wills serve a number of functions, including:

• Naming legal guardians for minor children
• Distributing your assets to heirs and beneficiaries
• Specifying your final wishes for a funeral and burial or cremation

In addition, Michigan law protects the inheritance rights of surviving spouses so that if you sign a will and are later married, then your spouse will inherit from your estate as if you had died without a will.

Other Important Things We Can Do When Drafting Your Will

This is also a good time to designate a power of attorney for financial matters and one for health care decisions. These people will make decisions on your behalf if you are incapacitated. It can provide great peace of mind for you and your loved ones to have these documents in place.

Plus, if you choose, we can draft an advance directive/health care directive at this time. This document details the type of end-of-life care you wish to receive. Having your wishes known will be a comfort to your family during a difficult time because they will know exactly what you want and do not want.

What Makes A Will Legal In Michigan?

In Michigan, a legally valid will must meet certain requirements to prevent future challenges or disputes. Here are the essential criteria:

• Testator’s age and mental capacity: The person creating the will must be at least 18 years old and mentally competent, meaning they understand what making a will involves.
• Written document: The will must be in writing, whether typed or handwritten and clearly outline the testator’s wishes for asset distribution and other final matters.
• Signature: The testator must sign the will or have someone sign on their behalf, in their presence, to show it reflects their wishes.
• Witnesses: The will must be signed by at least two witnesses who are present at the time of signing. These witnesses should be individuals who do not stand to inherit from the will.

In addition to meeting these basic requirements, the will should be clear, unambiguous and properly stored to avoid any issues during probate. Working with an estate planning lawyer can help make this process smooth and help ensure the will reflects your exact wishes.

What Happens To Your Assets Without A Will?

If someone passes away without a will in Michigan, their assets are distributed based on state intestate succession laws. This process does not take personal preferences into account, which could result in unexpected outcomes. The general process for asset distribution follows this order:

• Spouse and children: If the decedent has a spouse and children, the estate is typically split between them, with the exact division depending on various factors.
• Other relatives: If there is no surviving spouse or children, the estate is passed to the closest relatives, such as parents, siblings or extended family members.
• No heirs found: In cases where no relatives can be located, the estate may eventually be transferred to the state of Michigan.

Without a will, your family may face additional legal challenges, delays and potential disagreements over the distribution of your property. Creating a will allows you to direct how your assets will be handled, minimizing stress for your loved ones and protecting your wishes from being disregarded.

Make Sure To Keep Your Will Up To Date

Any significant life change (marriage, divorce, children, death) requires updates to your will. We can help you with will revisions and modifications in the future.

Today is the time to begin the process of drafting a will. You and your family will feel secure knowing what you want, which can reduce disputes and will contests.

Just speak with one of our lawyers today to start drafting a will and other crucial documents. You can call our firm at 616-622-3064 or send us an email.