What To Consider Before Making A Will

1. What do you have to give to people after you pass away?
2. Are there specific items that you would like to go to a certain individual?
3. To whom would you like to give your property and wealth? Family? Friends? Charities? Church?
4. Who would you like to name as the Personal Representative of your estate after you pass away?
5. Who would you like to name as your Successor Personal Representative?
6. Do you have children who will need care after you pass away?
7. Who would you like to raise them after you pass away?
8. Do you want to leave your property and wealth to your minor children?
9. Who would you like to be in charge of your property until your minor children are grown?
10. Have your personal or family circumstances changed since you signed your most recent Will?
    

Contact us here for an appointment. We can help you answer each of these questions and any others that you may have.

Who Can Make A Will

Anyone over the age of 18 years with sufficient capacity can make a will.

The person has to intend that the document that they are executing is to enable them to dispose of their property upon their death.

The individual must know the property they have and to whom they would like to give their property.

1. Traditional Will

A traditional will needs to be signed by the person making it who is often called the Testator or Testatrix.

The will needs to be dated but the date need not be in the Testator/Testatrix’s own handwriting.

It also needs to be witnessed by at least two people. Although it is permissible for a witness to be related to the Testator or Testatrix, or to be a beneficiary under the will, unrelated witnesses and those not benefitting from the will are recommended.

When a will has been properly drafted and executed, the individual is entitled to the presumption that the will is valid and that the person executing it had the capacity to make

a will and it gets “admitted” to probate.

To have a self-proving will, it should also be notarized. Self-proving wills are recommended.

A person wanting to contest the admission of a properly executed will to probate has the burden of proof to prevent the will from being admitted to probate.

2. Holographic Will

Michigan Law recognizes holographic wills. A holographic will is a will whose key elements are in the Testator/Testatrix’s own handwriting and signed by that person. It also needs to

be dated by the Testator/Testatrix.

3. Michigan Statutory Will

Michigan Law provides a Statutory Will form. It can be found at Michigan Compiled Laws 700.2519.

It is not for everyone. It is intended for married persons and/or people who have children.

Here are some of the cautions included in the statute itself:

- If this will does not meet your wishes in any way, you should talk with a lawyer before choosing a Michigan statutory will.

- Warning! It is strongly recommended that you do not add or

cross out any words on this form except for filling in the blanks because all or part of this will may not be valid if you do

so.

- This will has no effect on jointly held assets, on retirement plan benefits, or on life insurance on your life if you have named a beneficiary who survives you.

- This will is not designed to reduce estate taxes.

- This will treats adopted children and children born outside of wedlock, who would inherit if their parent died without a will, the same way as children born or conceived during marriage.

- You may make and sign a new will at any time. If you marry or divorce after you sign this will, you should make and sign a new will.

We always recommend that you confer with an experienced attorney to help plan your estate to be sure that your plan distributes your estate exactly the way you intend.