A will is a legal document that outlines how your hard-earned assets will be distributed and guarantees any dependents are taken care of after you pass away. It guides your loved ones and the courts, ensuring your wishes are carried out and minimizing potential conflicts.
- Understanding Michigan Requirements for a Valid Will
- Key Decisions to Include in Your Will
- Additional Considerations
- Peace of Mind with Bowen Law Muskegon Attorneys
Many people mistakenly believe that wills are only for the very wealthy. In reality, anyone who owns property, has financial assets, or has dependents can benefit from creating a will. Having a will makes your intentions clear and legally binding, regardless of the size of your estate.
If you die without a will in Michigan, the state will determine how your assets are distributed through intestate succession. The process can be lengthy, costly, and might not reflect your personal preferences, which can lead to disputes among family members.
Let our knowledgeable Muskegon attorney guide you on how to write a will in Michigan to ensure your loved ones are protected and your intentions are honored.
Understanding Michigan Requirements for a Valid Will
Making a will is one thing, but ensuring it’s legally valid is another. Michigan has specific requirements to make your will enforceable in court, which include:
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- Capacity. As the person creating the will, or testator, you must be at least 18 years old and considered “of sound mind.” Being of sound mind generally means you understand the nature of your assets, your relationships with potential beneficiaries, and the consequences of the choices you make in your will.
- Writing. In Michigan, wills must be in writing to be considered valid. Verbal or oral wills are not recognized under state law. The written document must accurately reflect your wishes regarding the distribution of your property and assets after your death.
- Witnesses. Michigan law mandates that a will must be witnessed by at least two competent individuals who are not beneficiaries of the will. These witnesses must observe you signing the will or hear you acknowledge that the signature is yours.
- Signature. You must sign your will in the presence of your witnesses. If, for some reason, you are physically unable to sign yourself, you can direct someone else to sign for you in your presence. In addition, the witnesses must also sign the will to attest to its validity.
If your estate is complex or you have specific concerns, it’s best to consult a qualified attorney in Muskegon, Michigan, who specializes in estate planning to minimize the risk of confusion and legal disputes.
Key Decisions to Include in Your Will
Once you understand the basic requirements, it’s time to focus on the core elements of your will. These key decisions ensure your wishes are documented:
Listing Your Assets
Take the time to create an inventory of your assets. Include real estate, bank accounts, investments, vehicles, life insurance policies, and any valuable personal possessions. Remember to account for family heirlooms, jewelry, and items with sentimental value, even if they don’t have high monetary value.
Designating Beneficiaries
Decide who will inherit your assets. Be as specific as possible to avoid confusion. Include names and additional identifying information where necessary. Indicate the share of your estate you wish each beneficiary to receive.
Choosing an Executor
Your executor or personal representative is the person legally responsible for carrying out the instructions in your will. Choose someone trustworthy, organized, and willing to take on this role. It’s a good idea to discuss your choice with them beforehand to confirm their willingness to serve.
Guardianship of Minor Children
If you have minor children, choosing a legal guardian is one of the most important decisions in your will. The guardian will be responsible for the care and well-being of your children should you pass away. Think carefully about their values, lifestyle, and ability to provide a loving home.
Additional Considerations
Life events such as marriage, divorce, the birth of children, or changes in your financial situation can have significant implications for your estate plan. It’s essential to review and update your will periodically to reflect these changes and ensure that it continues to accurately reflect your wishes.
Moreover, you’ll need to store your will in a safe and accessible location. Keeping your original will in a home safe, with your Muskegon attorney, or filing it with the county probate court are all viable options. Be sure to inform your executor or a trusted family member about the whereabouts of your will to prevent delays during the probate process.
Peace of Mind with Bowen Law Muskegon Attorneys
Even with careful planning, wills can sometimes be contested. Disappointed family members or those who feel they were unfairly excluded might bring a legal challenge. Bowen Law is here to provide the legal guidance and support you need, offering true peace of mind for you and your family.
Our competent estate planning attorneys in Muskegon, Michigan, will work closely with you to understand your specific goals and help you create a will that is clear, legally sound, and protects your assets and the people you love. To schedule your consultation, call us today at (231) 726-4484 or contact us here.