Wills

Writing a will isn’t just about who gets what—it’s about protecting your loved ones, preserving your legacy, and preventing disputes. Without a valid will, the State of Michigan decides how your assets are divided. That can create confusion, delays, and unintended outcomes. At Suzanne R. Fanning PLLC, we help clients across Michigan create wills that are legally sound, easy to understand, and aligned with their goals.

We walk you through each step and explain your options clearly, whether you're creating your first will or updating an existing one. A strong estate plan starts with a clear, enforceable will—and we’re here to make sure you get it right.

Why Having a Will Matters in Michigan

If you pass away without a will in Michigan, your estate is distributed according to the state’s intestacy laws. That often leads to outcomes you never intended—especially if you're unmarried, have children from multiple relationships, or want to leave assets to friends or charitable organizations.

Here’s why having a will matters:

  • You choose your beneficiaries. A will lets you decide who receives your property. Without one, state law determines it based on a strict formula.
  • You name a personal representative. Also known as an executor, this person will manage your estate, pay debts, and distribute your assets. If you don’t name someone, the probate court will.
  • You appoint a guardian. If you have minor children, your will is the place to nominate a guardian. Without your input, the court decides who raises your kids.
  • You simplify the process. A valid will can streamline probate and reduce stress for your family. It also lowers the risk of legal battles among heirs.

What to Include in a Valid Will

A Michigan will doesn’t need to be complicated, but it must follow specific rules to be valid. We make sure your will meets every legal requirement and clearly reflects your wishes. Here’s what to consider including:

  • Personal representative: Choose someone you trust to handle your affairs and follow your instructions.
  • Beneficiaries and bequests: List who should inherit your property and identify specific gifts—like a family heirloom, house, or bank account.
  • Contingency planning: Outline what should happen if a beneficiary passes away before you. This helps avoid gaps or disputes later.
  • Guardianship nominations: If you have minor children or dependents, name who you want to care for them.
  • Instructions for debts and taxes: You can provide guidance on how to handle outstanding obligations or final expenses.

Under Michigan law, you must be at least 18 years old and of sound mind to create a will. It must be in writing and signed by you, along with two witnesses. A handwritten will—called a holographic will—may be valid if it meets certain requirements, but it’s not ideal. To avoid challenges or confusion, it’s best to work with an attorney and create a formal will with clear language and proper execution.

When to Update Your Will

A will is not a one-and-done document. Life changes and your estate plan should change with it. Outdated wills can cause confusion, delay, and unintended consequences.

Below are common life events that should trigger a review of your will, along with examples of what could go wrong if you don’t make updates in time.

  • Marriage or Divorce: Getting married doesn’t automatically update your will. If your current will was written before your marriage and doesn’t include your spouse, they may not receive what you intended. If you’ve gone through a divorce, your will might still name your ex-spouse as a beneficiary or personal representative.
  • Birth, Adoption, or Death of a Child: Whether you’ve had a new child or adopted one, your will should name them as a beneficiary and consider how you want their inheritance managed—especially if they’re still minors. If a child named in your will passes away, you’ll want to remove or replace that provision to avoid legal complications during probate.
  • Death or Incapacity of a Named Individual: If a beneficiary, guardian, or personal representative dies or becomes legally incapacitated, you’ll need to update your will. Leaving outdated names in your will creates uncertainty and can result in the court appointing someone you didn’t choose to oversee your estate or care for your children.
  • Change in Financial Circumstances: A significant increase or decrease in assets can affect how you want your estate distributed. For example, if you inherit a large sum of money or sell your home, the gifts in your original will may no longer reflect your true intentions. You may also want to set up a trust to help reduce taxes, provide for a loved one with special needs, or protect assets from creditors.
  • New Priorities or Personal Goals: Maybe you’ve become involved in charitable giving and want to leave part of your estate to a nonprofit. Or maybe you’ve developed a closer relationship with a niece or grandchild you want to include. Updating your will gives you the opportunity to reflect those new priorities while making sure your original goals are still being met.

Talk to a Michigan Estate Planning Attorney Today

Your will is one of the most important legal documents you’ll ever create. Don’t leave it to chance. Suzanne R. Fanning PLLC works closely with individuals and families throughout Michigan to draft clear, enforceable wills that bring peace of mind.

Call our office today to schedule a consultation and start planning for the future with confidence.