Estate Planning

Lansing Estate Planning Attorney

Most people put off estate planning because it feels complicated or distant. The reality is simpler: without a plan, Michigan’s probate court decides how your assets are distributed, who raises your minor children, and who manages your estate, not you. At Clint W. Perryman PC, we help Lansing and East Lansing residents build clear, legally sound estate plans that protect what they’ve built and the people they love most.

Call us at 810-498-2370 to schedule a consultation with our estate planning attorney and take the first concrete step toward protecting your family’s future.

What Estate Planning Actually Covers

Estate planning is the legal process of deciding in advance how your assets will be managed and distributed after your death or incapacity, using documents like wills, trusts, and powers of attorney to carry out those decisions.

Most clients come in thinking estate planning is just wills. In practice, a complete estate plan addresses several distinct concerns:

  • Asset distribution: Your plan determines exactly who receives your property and money, in what amounts, and on what timeline. Without direction, Michigan’s intestacy laws make those decisions for you, and the results often don’t reflect your wishes.
  • Guardianship for minor children: Parents of minor children can designate a guardian in a valid will. If both parents die, the probate court determines who will serve as guardian, considering applicable Michigan law and the child’s best interests. Naming a preferred guardian in your estate planning documents gives the court important information about your wishes.
  • Incapacity planning: A durable financial power of attorney can authorize someone to manage your finances if you become incapacitated. A Michigan patient advocate designation can authorize someone to make certain medical and personal-care decisions on your behalf. These documents can help reduce the need for court involvement, although they do not necessarily prevent a court-supervised conservatorship or other protective proceeding in every circumstance.
  • Business interests: Business owners should coordinate their estate plan with applicable business documents and succession arrangements to address what happens to their ownership interests upon death or incapacity.
  • Tax consequences: Larger estates may face federal estate taxes or face tax-inefficient distributions. Structuring your plan correctly can reduce the tax burden on your beneficiaries.

Wills in Michigan: What Makes One Valid and Enforceable

A Michigan will generally must be signed by the testator and witnessed by at least two individuals, although Michigan law also recognizes certain wills that do not meet the standard witnessing requirements. A properly executed will directs how the estate’s assets are distributed through the probate process.

Under Michigan’s Estates and Protected Individuals Code (EPIC), a will must satisfy applicable statutory requirements to be admitted to probate. Generally, the testator must be at least 18 years old and have testamentary capacity. Michigan law also recognizes certain wills that do not satisfy the standard witnessing requirements, so whether a will is valid depends on the circumstances and the applicable statutory requirements.

Key practical points about Michigan wills:

  • Probate is still required: Even a properly drafted will goes through probate court. The personal representative named in the will (formerly called an executor) is formally appointed by the court, and the estate remains open until debts are paid and assets distributed to beneficiaries.
  • Wills become part of the probate record: When a will is filed with the probate court, it generally becomes part of the public probate record. This can make the terms of the will and information about beneficiaries accessible to members of the public.
  • Wills can and should be updated: Life changes like marriage, divorce, the birth of children, or significant changes in assets should trigger a will review. An outdated will can create unintended distributions or omit important beneficiaries.

Our Lansing Wills Attorney page covers Michigan will drafting in more detail.

Trusts: Avoiding Probate and Protecting Your Estate

A trust is a legal arrangement in which a trustee holds and manages assets for the benefit of named beneficiaries, and unlike a will, a properly funded trust allows assets to pass to loved ones without going through probate court.

Michigan residents use trusts for several practical reasons beyond just avoiding probate. Understanding the difference between trust types helps you decide which structure fits your circumstances.

Revocable Living Trusts: A revocable living trust allows you to retain full control of your assets during your lifetime. You serve as your own trustee, manage the trust property as you normally would, and can amend or revoke it at any time. At death, the successor trustee can generally administer and distribute assets held in the trust without a probate proceeding for those assets. Because the trust administration generally does not occur through the probate court, the trust terms and distributions are generally more private than those of a probate estate.

Irrevocable Trusts: Once established, irrevocable trusts generally cannot be changed without beneficiary consent. Depending on the trust’s terms, applicable law, and how the trust is structured and funded, an irrevocable trust may provide certain asset-protection or estate-tax planning benefits. Certain irrevocable trusts may also be used as part of Medicaid planning, but eligibility and transfer rules are complex.

Special Needs Trusts: Designed for beneficiaries with disabilities, special needs trusts allow you to leave assets to a loved one without disqualifying them from government benefit programs like Medicaid or SSI. The trustee manages and distributes funds for the beneficiary’s supplemental needs while preserving eligibility.

Qualified Personal Residence Trusts: Qualified personal residence trusts (QPRTs) allow a homeowner to transfer their residence to an irrevocable trust while retaining the right to live there for a set term. At the end of the retained term, the residence generally passes to the beneficiaries, and the taxable value of the transferred interest may be reduced for federal gift and estate tax purposes. The potential tax benefits depend on the applicable federal tax rules and the circumstances of the transfer.

How Michigan Probate Works and Why Many Plans Are Built to Avoid It

Michigan probate is a court-supervised process used to administer many estates, including validating a will when one exists, appointing a personal representative, addressing debts and claims, and distributing probate assets to beneficiaries or heirs. Probate proceedings are generally public, can take months or longer, and involve administration costs.

When someone dies with only a will, or with no estate plan at all, their estate typically goes through probate in the county where they lived. In Ingham County, that’s the Ingham County Probate Court. The personal representative files the will, inventories assets, notifies creditors, pays valid debts, and ultimately distributes what remains to beneficiaries.
Probate isn’t always avoidable, but it is manageable when planned for. The main reasons clients work to minimize probate exposure:

  • Cost: Probate involves court filing fees, attorney fees, and potentially appraisal costs. These reduce the net amount your beneficiaries actually receive.
  • Time: A straightforward probate proceeding in Michigan can take several months or longer, depending on the estate and the administration process. Contested estates, creditor issues, tax matters, or complicated assets can extend the process significantly.
  • Privacy: Probate is a public court proceeding. A funded revocable living trust, by contrast, allows you to maintain privacy, as trust administration generally does not become part of the probate court record.

Assets with valid beneficiary designations, such as life insurance policies and many IRAs, generally pass outside of probate according to those designations. Certain jointly owned property may also pass outside of probate depending on the form of ownership. A comprehensive estate plan coordinates these assets with your will, trust, and other documents to help ensure that your property passes as intended.

When to Create or Update Your Estate Plan

You should create an estate plan as soon as you have assets, dependents, or any circumstances where an unplanned death or incapacity would leave others without clear direction, and you should revisit it after any major life change.

Estate planning isn’t a one-time event. The plan you create at 35 may not reflect your life at 55. Review your documents when any of the following happens:

  • Marriage or divorce
  • Birth or adoption of children or grandchildren
  • Death of a named beneficiary, trustee, or personal representative
  • Significant increase or decrease in assets or property
  • Purchase or sale of a business
  • A beneficiary develops a disability or special needs
  • Changes in federal estate tax law that affect your estate’s exposure

Michigan does not impose a separate state estate tax or inheritance tax. Federal estate tax rules still apply to estates that exceed the applicable federal exemption, and those rules can change over time. Reviewing your estate plan periodically can help you account for changes in federal tax law and your financial circumstances.

FAQ: Lansing Estate Planning Questions

Do I need a trust if I already have a will?

Not necessarily, but a will alone means your estate goes through probate court. If maintaining privacy, reducing administration costs, or avoiding probate delays matters to you, a revocable living trust may be worth adding. Many complete estate plans include both a trust and a “pour-over will” that captures any assets not already in the trust.

What happens if I die without an estate plan in Michigan?

Michigan’s intestate succession laws determine how your probate assets are distributed. The outcome depends on whether you have a surviving spouse, children, or other relatives, and it may not reflect what you actually wanted. If both parents of a minor child die, the probate court determines guardianship under Michigan law and the child’s best interests. Naming a preferred guardian in your estate planning documents allows you to express your wishes for the child’s care.

How often should I update my estate plan?

Revisit your plan after any significant life change, marriage, divorce, birth of a child, death of a named person in the documents, or a major shift in assets. Even without a major event, a review every three to five years is reasonable to make sure your plan still reflects current law and your current circumstances.

Start Your Estate Plan with Clint W. Perryman PC

Your estate plan is one of the most important legal plans you’ll create, not because of what it costs, but because of what it protects. When your plan is in place, your loved ones aren’t left guessing, and the courts aren’t making decisions that should have been yours to make.

Clint W. Perryman PC serves clients in Lansing, East Lansing, and throughout the surrounding area. Our attorney works directly with clients to draft wills, establish trusts, and build estate plans that are clear, current, and built to hold up. You can’t afford not to have one in place.

Call 810-498-2370 today to schedule your consultation with our Lansing estate planning attorney, or reach our office at 601 S Saginaw St, Suite 300, Flint, MI 48502.