Creating a comprehensive and legally sound will is a cornerstone of responsible estate planning. Yet many Michigan residents either lack a will altogether or haven’t updated their existing one to reflect their current circumstances. The consequences of an outdated or inaccurate will can be far-reaching, leading to disputes, delays, and the potential misdirection of your assets.
At Law Office of Julie A. Paquette, our team of attorneys has years of experience helping clients throughout Michigan craft estate plans that accurately reflect their wishes. With a proven track record of satisfied clients, we are equipped to guide you through the intricacies of will creation and ensure your legacy is protected.
What is a Will, and Why Do You Need One?
A will serves as your voice after you’re gone, dictating how your assets will be distributed and who will care for your minor children.
Without a valid will, Michigan’s intestacy laws step in, potentially leading to outcomes that don’t align with your intentions. A well-crafted will provides peace of mind, knowing your loved ones will be cared for according to your wishes.
Who is Eligible to Create a Will in Michigan?
In Michigan, any resident aged 18 or older who possesses “sound mind” can create a will.
This means understanding the implications of the document, having a grasp of your property and family relationships, and comprehending the signing process.
If you have concerns about your capacity to create a will, consulting an experienced estate planning attorney can help clarify any uncertainties.
Common Pitfalls: What Can Invalidate a Will in Michigan?
Several factors can render a will invalid in Michigan, potentially sparking legal battles and causing your assets to be distributed contrary to your desires.
- Improper Execution: Michigan law mandates specific formalities for a will to be considered valid. These include:
- The will must be signed by the testator (the person making the will) in the presence of two witnesses.
- The witnesses must also sign the will, attesting to the testator’s signature and mental capacity.
- Any alterations made after the will is signed and witnessed must also be properly executed and witnessed. Failure to adhere to these requirements can invalidate the entire will. An experienced estate planning attorney can ensure your will is executed flawlessly, minimizing the risk of challenges.
- Lack of Mental Capacity: The testator must possess the mental capacity to understand the nature and consequences of their actions when creating the will. This includes awareness of creating a will, a general understanding of their assets and family members, and comprehension of the impact of signing the document. If there’s evidence of undue influence, coercion, or mental incapacity, the will’s validity can be challenged. Consulting an attorney can help safeguard against such challenges by documenting the testator’s capacity and ensuring the will-making process is free from undue influence.
- A New Will Supersedes Old Wills: If you create a new will that is properly executed, it automatically revokes any prior wills. Therefore, it’s crucial to keep your will updated and ensure any changes are made through a valid codicil or a new will. An attorney can assist in reviewing and revising your will periodically to ensure it reflects your current wishes and circumstances.
How a Michigan Estate Planning Attorney Can Help
An experienced estate planning attorney can provide invaluable assistance in several ways:
- Drafting a Customized Will: An attorney will work with you to understand your unique circumstances and goals, crafting a will that accurately reflects your wishes and adheres to Michigan law.
- Ensuring Proper Execution: An attorney will oversee the execution process, ensuring all formalities are met and minimizing the risk of challenges to the will’s validity.
- Addressing Potential Challenges: An attorney can help anticipate and address potential challenges to your will, such as claims of undue influence or lack of capacity.
- Keeping Your Will Up-to-Date: As mentioned above, it’s important to keep your will up-to-date. An attorney can assist in reviewing and revising your will as your circumstances change, ensuring your estate plan remains current and effective.
Protect Your Legacy: Contact the Law Office of Julie A. Paquette
A valid will is the foundation of a secure estate plan. Whether you need to create a will from scratch or update an existing one, the Law Office of Julie A. Paquette is ready to help. We’ll work closely with you to understand your goals, draft a will that accurately reflects your wishes, and ensure it meets all legal requirements. Contact us today for a free consultation and take the first step toward securing your legacy.
