Michigan Estate Planning Attorneys

In Michigan, a will by itself requires probate, a court-supervised process that takes 12 to 18 months and makes your financial details public record. A full estate plan built around a revocable living trust avoids probate entirely, keeps your affairs private, covers incapacity during your lifetime, and gives your family far more protection than a will alone. For most Michigan families who own a home or have children, a complete plan is the right answer. A simple will is better than nothing, but it is not a complete plan.

The most important difference is one word: probate. A will is a set of instructions for a court judge. It does not keep your family out of court. It just tells the court what you want. A living trust, by contrast, is a private legal structure that owns your assets during your lifetime and transfers them directly to your family after death, with no court involvement. For most Michigan families who own a home or have children, a living trust provides significantly more protection than a will alone.

A will is better than nothing, but it does not avoid probate. That is one of the most common misconceptions in estate planning. A will is literally a probate document: it only takes effect by being filed with the court. Your family still has to go through a court-supervised process that can take 12–18 months and cost 3–8% of your estate's value. A living trust bypasses probate entirely, so your family receives assets quickly, privately, and without legal fees.

Probate is the court-supervised process of distributing your estate after you die. In Michigan, it takes a minimum of 7 months and typically runs 12–18 months when anything is disputed. It costs 3–8% of your gross estate in attorney fees, court costs, executor fees, and appraisal costs. On a $400,000 estate, that's $12,000–$32,000 paid to the court system before your family receives anything. And everything filed in court, including your assets and who received them, becomes a public record. A properly funded living trust eliminates all of it.

No. With a revocable living trust, you serve as your own trustee while you're alive. You manage your assets exactly as you do today. The trust is invisible in daily life. You can change it, add assets to it, or dissolve it at any time. You only lose control of a trust if you choose an irrevocable structure, which is a different tool used for specific situations like Medicaid planning. The trusts most families need keep you fully in control.

Estate plans with Shea Law start at $3,000, and we explain the full cost during your free consultation before you commit to anything. Compare that to the court process, which costs $12,000–$32,000 or more on a mid-size Michigan estate. Most families find the trust pays for itself many times over, and the savings your family keeps is only part of the value. The months of court delays and the public exposure of your estate are costs that can't be measured in dollars.

Yes. When you have a trust, you also need a simple "pour-over will" as a safety net. If you forget to transfer an asset into your trust, the pour-over will catches it and sends it there at death. You still need a will to name a guardian for minor children, too. But the trust does the heavy lifting: it's the document that keeps your family out of court. Think of the will as the backup, and the trust as the plan.

Michigan's intestacy laws take over, and the outcome may not be what you would have chosen. A surviving spouse doesn't automatically inherit everything if you have children from a prior relationship. The state distributes your assets according to a fixed formula, regardless of your intentions. Your estate still goes through this court process, a guardian for your minor children is appointed by a judge rather than chosen by you, and the process plays out publicly. Dying without a plan doesn't simplify things for your family. It complicates them.

Estate planning isn't only about death. It is equally about incapacity. A car accident, stroke, or sudden illness can leave your family unable to access your accounts, pay your bills, or make medical decisions on your behalf without going to court first. A living trust with a durable power of attorney and healthcare directive gives your family immediate authority in exactly those situations. The best time to put a plan in place is before you need it, not after.

This is one of the most damaging myths in estate planning. If you own a home, have a bank account, or have children, you need a plan. Period. In fact, middle-class families are often hurt the most by not having one, because court costs represent a much larger percentage of a modest estate. A $300,000 home going through court could cost your family $10,000–$24,000 and 12–18 months of waiting. A living trust protects what you've worked a lifetime to build, regardless of the dollar amount.

An online will still ends up in court. That is the core problem it does not solve. Beyond that, generic templates can't account for Michigan's specific legal requirements, your family's actual situation, or the critical step of funding a trust (transferring your assets into it). A trust that isn't properly funded sends your assets back through court anyway. A licensed Michigan estate planning attorney ensures the documents are valid, the trust is funded correctly, and your family is actually protected, not just paperwork-compliant.

Potentially yes, but timing is everything. Michigan Medicaid has a five-year look-back period, meaning asset transfers made within five years of applying for benefits can be counted against you. Certain irrevocable trust structures, deed strategies, and asset titling approaches can help shield your home when planned well in advance. This is one of the most important conversations to have before you need long-term care, not after.

Significantly. Blended families are one of the most common situations where a will alone falls dangerously short. Without a properly structured trust, assets intended for your children could pass to a surviving spouse's estate and then to their heirs, completely bypassing your kids. A living trust lets you control exactly what each person receives and when, protecting every branch of your family with legal precision that a will simply can't provide.

Most families complete their entire estate plan in two sessions and two to three weeks. The first is a free consultation where we review your situation and explain your options. We then draft everything: your trust, pour-over will, powers of attorney, and healthcare directive. The second session is your signing meeting. We handle everything in between, including guidance on funding your trust so your assets are properly protected.

Yes, and sooner rather than later. Estate planning laws vary significantly by state, and documents drafted elsewhere may not be fully valid or effective under Michigan law. Powers of attorney are especially state-specific: Michigan hospitals and financial institutions may refuse to honor an out-of-state document. If your plan includes a trust, it should also be reviewed to ensure it's properly structured for Michigan property laws. A short review with one of our attorneys can confirm what still holds up and what needs to be updated.

A revocable living trust is a legal document that holds your assets during your lifetime and transfers them to your beneficiaries when you pass, without going through court. You maintain full control of everything in the trust while you are alive and can update or revoke it at any time. When you pass, your named trustee distributes assets according to your instructions, privately and efficiently, with no court involvement.

A durable power of attorney is a legal document naming the person you trust to manage your finances if you become incapacitated. Without one, your family would have to go to court to obtain that authority. This process, called guardianship, that is expensive, time-consuming, and stressful. A durable power of attorney is included in every complete estate plan we prepare.

We will review whatever you already have during your free consultation at no charge. Laws change, family situations change, and what made sense 10 years ago may no longer reflect your wishes or protect your family the way you think it does. If your plan is still solid, we will tell you. If it needs updating, we will explain exactly why and what it would take.

In Michigan specifically, a will requires probate, a court-supervised process that is public, slow, and costly. A living trust avoids probate entirely and transfers assets directly to your beneficiaries. The differences are significant: this court process in Michigan takes a minimum of 7 months and typically runs 12 to 18 months, costs $3,000 to $15,000 or more in attorney and court fees, and makes every asset and beneficiary a matter of public record. A properly funded living trust eliminates all of it.

A lady bird deed (also called an enhanced life estate deed) is a Michigan-specific tool that allows you to transfer real estate directly to a beneficiary upon your death without going through court, while retaining full control of the property during your lifetime. You can sell it, mortgage it, or change the beneficiary at any time. It is often used as part of a complete estate plan for homeowners, and it can have Medicaid planning advantages as well. Your attorney will help you determine whether it fits your situation.

A standard revocable living trust does not protect assets from Medicaid. Because you retain full control of a revocable trust, Medicaid counts those assets as yours. If Medicaid asset protection is a concern, your attorney may recommend an irrevocable trust or a Medicaid asset protection trust, which works differently and has specific rules around timing. Michigan has a five-year look-back period. This is one of the most important conversations to have before you need long-term care, not after. We address it directly during your free consultation.

Yes. A revocable living trust is designed to be updated over time. Life changes, including marriages, divorces, births, deaths, and new assets, and your plan should change with it. Most of our clients update their plans after major life events. We make that process straightforward, and we remain available for updates long after the initial plan is complete.