Question 1

What's the difference between a will and a living trust?

Accepted Answer

The most important difference is one word: probate. A will is a set of instructions for a court judge — it doesn't keep your family out of court, it just tells the court what you want. A living trust 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.

Question 2

I already have a will — doesn't that protect my family?

Accepted Answer

A will is better than nothing, but it doesn't avoid probate — that's 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.

Question 3

What is probate and how much does it cost in Michigan?

Accepted Answer

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. A properly funded living trust eliminates all of it.

Question 4

Will I lose control of my assets if I put them in a trust?

Accepted Answer

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. The trusts most families need keep you fully in control.

Question 5

How much does a living trust cost compared to going through probate?

Accepted Answer

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 probate, 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 is only part of the value.

Question 6

Do I need both a will and a trust?

Accepted Answer

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. You also need a will to name a guardian for minor children. Think of the will as the backup, and the trust as the plan.

Question 7

What happens if I die without a will or trust in Michigan?

Accepted Answer

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. Your estate still goes through probate, a guardian for your minor children is appointed by a judge rather than chosen by you, and the process plays out publicly.

Question 8

I'm young and healthy — can't I wait to do this later?

Accepted Answer

Estate planning isn't only about death — it's 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. The best time to put a plan in place is before you need it — not after.

Question 9

Is estate planning only for wealthy families?

Accepted Answer

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. A $300,000 home going through probate 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.

Question 10

Can't I just use LegalZoom or an online will?

Accepted Answer

An online will still goes to probate — that's the core problem it doesn't solve. Generic templates can't account for Michigan's specific legal requirements or the critical step of funding a trust. A trust that isn't properly funded sends your assets back through probate anyway. A licensed Michigan estate planning attorney ensures the documents are valid, the trust is funded correctly, and your family is actually protected.

Question 11

Can estate planning protect my home from nursing home costs?

Accepted Answer

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.

Question 12

We have children from a previous marriage. Does that change things?

Accepted Answer

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.

Question 13

How long does it take to set up a living trust with Shea Law?

Accepted Answer

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 draft everything — your trust, pour-over will, powers of attorney, and healthcare directive. The second session is your signing meeting.

Question 14

I recently moved to Michigan — do I need to update my estate plan?

Accepted Answer

Yes — and sooner rather than later. Estate planning laws vary significantly by state, and documents drafted elsewhere may not be fully valid under Michigan law. Powers of attorney are especially state-specific: Michigan hospitals and financial institutions may refuse to honor an out-of-state document. A short review with one of our attorneys can confirm what still holds up and what needs to be updated.

Estate Planning Video Library

Lisa Valencia, Partner

Estate Planning 101

Intro to Estate Planning

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Trusts

Probate

Wills

Your Family Deserves a Plan That Actually Protects Them

Estate Planning Workbook

Will or Trust: Which Do You Need?

Estate Planning 101

Estate Planning Video Library

Lisa Valencia, Partner

Estate Planning 101

Intro to Estate Planning

Powers of Attorney

Trusts

Probate

Wills

Your Family Deserves a Plan That Actually Protects Them

Estate Planning Workbook

Will or Trust: Which Do You Need?

Estate Planning 101

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