Make a Michigan Last Will and Testament

Michigan State Last Will and Testament Laws

Definition of Will - §700.1108(b)

Laws - Act 386 of 1998: Estates and Protected Individuals Code

Witnesses - According to §700-2502, the Will must be signed by two (2) or more witnesses.

A Sample Michigan Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Provide your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide the names of your children, if they are living, and whether or not you will name them as beneficiaries in your will. In addition, list the names of your pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who is disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, list the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to distribute your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to take care of them if you die, provide the following information for the guardian, an alternate guardian, and/or a conservator.

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Remember that you must sign your Will in the presence of at least two witnesses.

Why do you need a Michigan last will and testament form?

Creating a last will and testament in Michigan is an important step in the estate planning process. By having a will, you can be sure that any real estate, personal property, digital property, vehicles, or any other assets are accounted for upon your death. A last will and testament allows you to name an executor that can carry out the wishes outlined in your will. You can leave property to a spouse, children, friends, charities, or anyone else of your choosing.

The benefits of having a will

A last will and testament in the state of Michigan is not legally required. Yet, there are many benefits to having one.

• Having a will in place means that any distribution of your personal property
• You can appoint someone to take over the guardianship of minors
• You can make charitable donations
• You can establish your wishes for the care of your pets
• For smaller estates, a simplified probate process can take place depending on the beneficiary and the size of the estate

The costs of not having a will

In the State of Michigan, if you die without a will, laws of intestacy are invoked. This means that the courts will decide the distribution of your property since there was no will. In Michigan, without a will, a surviving spouse will inherit the entirety of the estate. If there are also dependents, the spouse will inherit $150,000 plus half of the balance, with the rest being distributed to the dependents. If there is no surviving spouse, but there are dependents, the dependents will inherit everything. If there is neither a spouse nor dependents, the courts will find the next closest relative to inherit the estate. If no relatives can be located, the State of Michigan becomes the beneficiary of the estate.