Creating a solid estate plan is one of the most responsible steps you can take to protect your loved ones and your assets. Unfortunately, many Michigan families overlook key details that can lead to unnecessary probate proceedings or disputes.
At Dakroub Law Group, we regularly help clients in Dearborn and across Michigan build estate plans that follow state law and truly reflect their wishes. Here are the most common mistakes people make and how you can avoid them.
- Waiting Too Long to Create an Estate Plan
In Michigan, if someone passes away without a will or trust, their estate is distributed under Michigan’s intestacy laws meaning the state decides who inherits your property.
Tip: Even a simple will or trust ensures your wishes are clear and legally enforceable. Life events like marriage, divorce, or purchasing real estate are all good times to review or create your plan.
- Thinking a Will Alone Avoids Probate
Many Michigan residents believe that having a will keeps their estate out of probate. In reality, a will must go through probate to be validated by the court.
If you wish to avoid probate, consider establishing a revocable living trust, which allows your assets to pass directly to your beneficiaries without court involvement.
Tip: A will is still important especially for naming guardians for minor children but pairing it with a trust provides smoother asset transfers.
- Not Properly Funding a Trust
Creating a trust is only the first step; transferring your assets into it (known as “funding” the trust) is what makes it effective.
If property or accounts are not retitled in the name of the trust, they may still need to go through probate.
Tip: Work closely with your attorney to ensure deeds, bank accounts, and other key assets are titled correctly.
- Forgetting to Update Beneficiary Designations
Life insurance policies, retirement accounts, and payable-on-death accounts in Michigan transfer directly to named beneficiaries. Outdated designations can unintentionally override your will or trust.
Tip: Review your beneficiaries every few years or after major life changes to ensure your plan stays consistent.
- Using DIY Online Forms
Michigan estate law is governed by the Estates and Protected Individuals Code (EPIC), which has strict requirements for signing and witnessing documents.
Online templates often fail to meet these legal standards, potentially invalidating your plan.
Tip: Work with a qualified Michigan estate planning attorney who can prepare legally valid documents under EPIC and ensure all signatures, witnesses, and notarizations are correctly handled.
Conclusion
A well-prepared estate plan prevents confusion, saves money, and protects your loved ones from unnecessary court involvement.
At Dakroub Law Group, we guide Michigan families through every step of the process from drafting wills and trusts to ensuring compliance with state law.
📞 Call 313-315-6300 or visit www.dakroublaw.com to schedule a consultation and secure your family’s future today.