As a Michigan estate planning attorney, I participate in various discussion groups with other estate planning lawyers. Another lawyer had potential client come in for an initial meeting. The potential client brought in their old "estate plan". What the potential client had done was create some do it yourself wills, similar to the Suze Orman kits, Legalzoom, or Quicken Willmaker.
The last will and testament left everything to the spouse, then to the two children equally. He also had a deed, the deed named both spouses and only one of the children. Asked why he did that, the gentleman replied he was trying to avoid probate. The lawyer then had to explain that he was in fact disinheriting the other child, since the house would go directly to the child, not both.
A last will and testament is your ticket to Michigan probate, only assets that are probated follow the terms of your will. While yes, naming the one child on the deed avoids probate, it totally destroys the intent of the estate plan.
This is just another reason to be wary of thinking that because you downloaded a will off the internet that you have a quality Michigan estate plan for your family and loved ones.
-Christopher J. Berry
Bloomfield Hills Wills and Trust Lawyer
The last will and testament left everything to the spouse, then to the two children equally. He also had a deed, the deed named both spouses and only one of the children. Asked why he did that, the gentleman replied he was trying to avoid probate. The lawyer then had to explain that he was in fact disinheriting the other child, since the house would go directly to the child, not both.
A last will and testament is your ticket to Michigan probate, only assets that are probated follow the terms of your will. While yes, naming the one child on the deed avoids probate, it totally destroys the intent of the estate plan.
This is just another reason to be wary of thinking that because you downloaded a will off the internet that you have a quality Michigan estate plan for your family and loved ones.
-Christopher J. Berry
Bloomfield Hills Wills and Trust Lawyer
