Oakland County MI Estate Planning Law Blog

Estate planning is not restricted to the wealthy. Estate documents, such as wills, are necessary for anyone who wants a say on how their property will be distributed after they die. Families of those who failed to make plans are not completely unprotected, however. Michigan law governs the distribution of property for people who die intestate.

These intestacy laws will determine who receives personal property and other assets and the amount each heir receives. Property normally passes to spouses, children, parents, siblings or the closest living relatives under these laws. Having a will, however, places this decision in the testator's hands. It allows them to dictate who will receive the property and the amount that will be distributed to each heir.

Celebrities may remain in the news for matters unrelated to their talents and accomplishments long after they die. In an estate case that is instructive for Michigan families, a judge in Tennessee recently ruled that the children of country music singer Glenn Campbell may contest two wills that disinherited them.

For several years before his death on Aug. 7, 2017, Campbell suffered from Alzheimer's disease. He executed two wills dated Sept. 1, 2006, and Jan. 7, 2001, that left three of his children without inheritances. The singer's widow filed his 2006 will in probate court and was named the executor of his estate. Along with Campbell's five other children, she was also named as a beneficiary.

The designation of individuals to act upon a person's behalf on financial and medical issues if they become incapacitated is essential for estate planning in Michigan. Selecting the wrong surrogate, however, can undermine financial security.

Potential surrogates include the agent who acts on a person's behalf under a power of attorney. A trustee makes final decisions on investment management, distributions, taxes and other issues involving a trust. A person may select a designee to receive the assets of joint or transfer on death accounts.

It should be a priority for every adult to create a will after marriage or having a child. There are new apps and software that make it easy to create a will, but to be safe, it is always a good idea to have this document reviewed by an experienced attorney to ensure the language will hold up in court. 

There are many people who pass away without a will, and this creates many problems when family members attempt to divide assets on their own. However, another problem lawyers see quite frequently is someone passing away with multiple wills in place. It can be extremely difficult for the family to know what their loved one actually wanted, especially if there are substantial differences in the division of assets. Luckily, attorneys can generally figure out which one should go to court.