Wills Lawyer in Michigan
A Michigan will is generally valid if it is in writing, signed by you, and signed by at least two witnesses. Spickard Law helps clients throughout Mid-Michigan meet those requirements. Our Michigan estate planning lawyer also explains how a will works alongside the rest of your property, including assets that pass outside of it.
Who Needs a Will in Michigan?
Most adults with children or property benefit from having a will. Without one, Michigan law passes your estate to relatives in a set order, which leaves out close friends and unmarried partners. A will is especially important for:
- Parents of children under 18
- Unmarried couples who share a home
- Stepparents who want to provide for stepchildren
- Owners of a northern Michigan cottage or hunting land
A will also names the personal representative who will handle your estate and nominates a guardian for minor children. When the probate court appoints a personal representative, it gives priority to the person named in your will.
Michigan’s Legal Requirements for a Will
Michigan’s Estates and Protected Individuals Code sets the rules for wills. You must be at least 18 years old and understand the nature and extent of your property, the people who would naturally inherit from you, and what it means to sign a will.
A handwritten will may be valid without witnesses if it is dated, signed by you, and its key provisions are in your own handwriting. You can also deposit your original will with your county probate court for safekeeping for a $25 fee. The will stays confidential during your lifetime.
Michigan’s Witness Rules for Signing a Will
Your two witnesses must sign within a reasonable time after watching you sign the will or hearing you acknowledge it. Under MCL 700.2505, a will is not invalid simply because a beneficiary served as a witness.
Even so, choosing witnesses who will not inherit can help limit later claims of undue influence. A notarized self-proving affidavit also allows the probate court to accept the will without tracking down the witnesses after your death.
Does a Will Control Every Asset in Michigan?
No. Some property passes by deed or beneficiary designation instead of through your will, including:
- Homes transferred by a Lady Bird Deed
- Retirement accounts with named beneficiaries
- Bank accounts with a payable-on-death designation
A Lady Bird Deed lets you keep control of your Michigan home during your lifetime and then passes it to your beneficiary without probate. Coordinating these designations with your will helps keep an outdated form from undoing the plan you signed.
Experience Behind Your Michigan Will
Mack Spickard is a retired U.S. Army Colonel and Judge Advocate with more than 30 years of legal and military experience. He has handled thousands of cases in Mid-Michigan courts, and that courtroom background shapes how he drafts documents a probate judge may one day review.
Create a Will Your Family Can Rely On
Your will should reflect the people and property that matter to you today. Our firm offers a free consultation to review your family, your assets, and the signing steps Michigan law requires. Call (517) 908-0818 or contact us online to schedule a meeting with Mack Spickard.