Wills

Flint, Michigan Wills Lawyer

Preparing Clients and Their Families for What Lies Ahead

No one wants to ever think about how their loved ones’ lives may change after they pass away. One of the most effective solutions is to create a will that expresses your final wishes. A will is a legal document that enables you to outline how your assets should be distributed, who should be granted custody of your minor children, and give you and your family the peace of mind you deserve. If you pass away without leaving a will, your family could face many uphill battles to obtain necessary financial resources.

If you would like to learn more about estate planning and the legal protections a will can provide, or if you need to update your existing will, contact Clint W. Perryman PC in Flint, MI, today. We will be happy to meet with you to answer your legal questions.

Do My Family Members Automatically Inherit My Assets if I Die and Do Not Leave a Will?

One of the most significant benefits of writing a will is that it gives you the final say as to how your assets should be distributed among your heirs and beneficiaries. Although many people mistakenly believe their spouse or children will automatically inherit their assets if they do not leave a will, this is not always the case. Instead, Michigan’s intestate succession laws dictate how your property will be divided among those who meet eligibility requirements.

State intestate laws have a strict hierarchy regarding the division of an estate’s assets. For example, if a person dies and has a surviving spouse but no children or parents, the spouse will inherit the entire estate. If there is a surviving spouse and children, the spouse usually receives $150,000 of the estate plus one-half of the remaining balance, while the children receive the other half. However, if an individual dies without leaving a will and has children but no spouse, their children will inherit their assets. In cases where there is no spouse or children, the assets may be awarded to grandchildren, parents, or other relatives.

Additionally, if you do not leave a will, your estate will have to go through the probate process, which can be lengthy and time-consuming for family members. To ensure that your family and other beneficiaries can receive the assets you intend for them to have, contact our law office and ask to speak with our wills lawyer, who can help.

What are the Legal Benefits of Writing a Will?

Many Michiganders are aware that it is essential to write a will stating how their assets should be distributed, but are unsure of the other legal benefits it can provide.

Other key advantages of writing a will include:

  • Naming an executor or personal representative: An individual who will manage your estate after your death. Estate administration includes identifying heirs and beneficiaries, making a list of all property, and paying debts and taxes
  • The opportunity to appoint a guardian for your minor children: Another common misconception is that if a parent passes away, their immediate family members will automatically get custody, but this is not always the case. The most reliable solution is to write a will that designates a person you trust to care for your children
  • Help to minimize family disputes: A last will can clearly define your wishes and help to prevent or minimize family disputes regarding the distribution of assets or guardianship matters
  • Address funeral and burial wishes: Writing a will allows you to stipulate your preference regarding funeral and burial arrangements and ensure your final wishes are carried out.

What Makes a Will Valid in Michigan?

Although it is essential to make sure to write a will to express your final wishes, it is equally important that you take proper steps to ensure its validity. In Michigan, because a will is a legal document, the following legal aspects must be present to confirm that it is legally binding:

  • The will must be in writing and signed by the testator( the person who wrote the will) or the individual who wrote the will at the testator’s direction. The will can be handwritten or typed
  • The testator must be at least 18 years old and of sound mind
  • At least two witnesses must witness the testator sign the will, or someone who signs at the testator’s direction, after which they will both sign the will. To minimize the potential for future legal disputes, witnesses should not be beneficiaries
  • Although it is not mandatory, a self-proving affidavit signed before a notary is another way to avoid the potential of the will being challenged in court. A self-proving affidavit is a legal document that verifies that the testator and witnesses signed the will and thereby ensures its validity

It is also worth noting that hiring a wills lawyer to assist you with your legal needs is always the best option. A knowledgeable lawyer is familiar with the legal complexities that accompany drafting a will and can help you create an official document that holds up to legal scrutiny.

What is the Difference Between a Will and a Living Will?

Sometimes, there is confusion regarding the difference between a will and a living will. A will addresses what will happen to your property after you pass away. A last will only comes into effect after a person’s death.

Conversely, a living will, also known as an Advance Healthcare Directive, is a legally binding document that expresses your wishes regarding medical treatment should you become incapacitated due to age or illness. A living will focuses primarily on your end-of-life treatment preferences. A living will also allows you to appoint a healthcare agent to make decisions on your behalf.

Drafting a will or living will can be a complicated process that should only be handled by a legal professional. Having both a last will and a living will is essential because they express your wishes on how your affairs should be conducted.

Clint W. Perryman PC is a law firm dedicated to helping clients with their estate planning needs. Our lawyer is passionately committed to ensuring that those who trust us with their legal needs can rest assured that their affairs are in order. We can also assist you with documents like creating a trust if your circumstances require it.

Contact Our Estate Planning Attorney Today to Schedule a Meeting for More Information

At Clint W. Perryman PC, we recognize that planning for your death can be a stressful experience. However, planning for your family’s future today can help them avoid the stress of going through probate, waiting for financial resources, and help prevent legal disputes.

When you come to us for help, we will take time to discuss your unique needs and determine your future financial goals. We strive to help you have peace of mind knowing that your family will be taken care of after you pass away. When it comes to planning for your family, you cannot afford not to have qualified legal representation on your side.

Contact our Flint, MI, law office today at 810-498-2370 to schedule a consultation and get started on your case.