If you die without a will, your assets still pass through probate and are still distributed to your heirs but, instead of being distributed according to your wishes, they pass through a process known as intestate succession. ![]() A will typically waives the surety bond, thereby saving money. Finally, without a will, it is more costly to administer your estate that’s because state law requires that your administrator purchase a surety bond, which is paid out of assets of the estate. Additionally, without a will, you lose control over who is responsible for managing your estate the Court will appoint an “administrator” to serve as executor. That plan could also conflict with your wishes to donate to a charity or provide for your partner or friend. The State’s default plan for you could conflict with your wishes to benefit your parents, brothers, sisters and/or grandchildren. Without a will, Michigan state law determines how your assets will be distributed. What Happens If I Die Without a Will in Michigan? You can also establish what happens if you are required to be kept alive on life support and other important decisions. By executing a valid will, you will have control over who gets your property and in what proportions, who will manage your affairs as executor, and who will serve as the guardian of your minor children, if you have children.Īdditionally, having a health care proxy in the event that you are no longer able to make decisions for yourself is an excellent idea. Regardless of the size of your estate, it is critical that you have at least a simple will. ![]() If you are over the age of 18, and you have property that you want to leave to someone in particular, you need a will. We can also help you understand other estate planning tools that are available to you, and the pros and cons of using these to distribute your assets rather than allowing them to pass through probate. can help you draft a legally binding will that will hold up to efforts to contest it in a court of law. The Michigan wills attorney at Sumner & Associates P.C. As the most basic estate planning device you can have, they still require two witnesses and, in order to go uncontested should have either a self-proving affidavit or be notarized. Wills have existed for millennia and still form the foundation of estate planning in Michigan. ![]()
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