Importance of Executing a Will

by | Aug 28, 2017 | Family Law | 0 comments

As any probate attorney in Michigan will explain, it is vital to memorialize your final wishes in writing. If you do not execute a will, the probate court will implement Michigan’s laws of intestacy to determine how and where your property is distributed. Intestacy is a one-size-fits-all estate plan that does not take into account personal relationships, preferences or the desire to leave money to a charity. To avoid intestacy, you should meet with a probate attorney in Michigan right away.

What is Intestacy?

Intestacy rules are found in Section 700.2101, et seq. of the Michigan Code. When a person dies without a will, the court must decide how to distribute property. Unbelievably, dying without a will is not as uncommon as many people think and a number of high-profile individuals have left enormous estates to the probate court to distribute. The order in which property is distributed is governed by intestate succession:

  • Spousal Share: There are generally six options the court uses to determine the spouse’s share in an intestate situation. If the couple does not have children and the decedent’s parents are not alive, the spouse inherits the entire estate. If the decedent had surviving children, parents or other descendants, the court will adjust the spousal share.
  • Share of Heirs: If the decedent died intestate without a spouse, surviving children inherit first, followed by the decedent’s parents. Grandparents, maternal relatives and paternal relatives follow, in that order.
  • No Taker: If there are no heirs or claims to the inheritance, the entire estate passes to the state of Michigan.

Avoid Intestacy Today

The only way to avoid intestate succession is to execute a valid will proclaiming your wishes and stating specifically how you want your property distributed upon your death. Michigan law does not permit the disinheritance of a spouse, but you are generally free to direct the distribution of your estate as you see fit. Make an appointment with one of the preeminent probate attorneys in Michigan by calling the Law Offices of Christopher Trainor & Associates today at (800) 961-8477.

.

 

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

St Joseph, MI – Injuries Result from Wreck on I-94 near Martin Luther King Dr

St Joseph, MI (March 25, 2022) - A major car crash happened on an interstate in St Joseph on the afternoon of March 20. At approximately 5:10 p.m., an unspecified number of vehicles collided on Interstate 94. Reports show the accident happened on I-94 near Martin...

Zeeland, MI – Auto Accident on Fairview Rd at Washington Ave Ends in Injuries

Zeeland, MI (March 25, 2022) - An auto accident happened on the morning of March 25 in Zeeland that resulted in injuries. The wreck occurred shortly after 8:00 a.m., according to reports.  Sources say the collision took place on Fairview Road near Washington...

Paw Paw, MI – Major Car Crash on M-43 between 37th & 40th St

Paw Paw, MI (March 25, 2022) - A motor vehicle accident occurred in Paw Paw on the morning of March 23 that required an emergency response. The incident was reported to authorities in the area at around 12:21 p.m. Various responders were observed at the scene of the...

Romulus, MI – Motor Vehicle Collision Causes Injuries on I-94 near Vining Rd

Romulus, MI (March 25, 2022) - At least one person was hurt in a crash reported in Romulus on March 25. At approximately 12:55 p.m., police were dispatched to the scene of the wreck located on Interstate 94.  Responders including paramedics, fire crews, and...

Holland, MI – Injury Accident on Waverly Rd at 48th St Requires EMT Dispatch

Holland, MI (March 25, 2022) - On the morning of March 25, at approximately 6:55 a.m., a car accident in Holland required an emergency dispatch.  Reports indicate that a vehicle collided with a pole near 48th Street on Waverly Road.  To assist the injured...

Jackson, MI – Serious Car Accident on M-106 near Deweese Rd and Hawkins Rd

Jackson, MI (March 25, 2022) - Police officers in Jackson were dispatched to the scene of a major car crash on Friday, March 25. According to local officials, the collision happened at approximately 4:00 p.m. on M-106. While emergency personnel rendered aid to those...

Detroit, MI – Police Dispatched to Crash Scene on I-96 near Davison St

Detroit, MI (March 25, 2022) - On March 25, at least one person was injured in a car accident in Detroit. The wreck was reported to officials in the area at approximately 10:50 p.m. According to information from reports, the accident occurred on I-96 near Davison...

Wyoming, MI – Major Accident on 28th St near Clyde Park Ave

Wyoming, MI (March 24, 2022) - Highway patrol officers and first responders were called to the scene of a vehicle collision on March 24 on 28th Street in Wyoming. Reports show that an unspecified number of vehicles collided in the area, resulting in the injury of at...

St Clair, MI – Siblings Killed in Wreck on Kinney Rd near Burt Rd

St Clair, MI (March 24, 2022) - A brother and sister were killed in a two-car crash on Thursday, March 24 in Riley Township. The incident was reported north of Interstate 69 on Kinney Road near Burt Road.  Three people were also hospitalized with injuries,...