Rochester Hills Wills Lawyer

Michigan Attorneys with 40+ Years of Combined Experience

Wills are important documents that set forth how a person’s property and other personal belongings should be distributed after their death. As a result, it is advisable to consult an attorney when drafting a will to be sure you address all the necessary points.

For experienced legal counsel in creating or evaluating wills, contact Little & Boylan PLLC by calling (248) 809-1402 or submitting an online contact form.

What Does a Will Do?

A will is a legal document that says who should have an individual’s property or care for their children after their death. Anyone who owns property or has children under 18 years old may want to create a will, as otherwise those decisions will be made by the state.

A will is also called a "last will and testament" and can help protect a person’s family and property. A will can: 

• leave the person’s property to specified people or organizations;
• name a personal guardian to care for their minor children;
• name a trusted person to manage property they leave to minor children; and
• name a personal representative, the person who makes sure that the terms of the will are carried out.

It is important that a person uses their will to name a personal representative who will ensure that the provisions in the document are carried out after the person’s death. If they do not name a personal representative, the probate court will appoint someone to take on the job.

To finalize a will in Michigan, individuals must sign or acknowledge the document in front of two witnesses, and the witnesses must also sign the will after seeing the individual sign or acknowledge it. Be aware that individuals do not need to notarize their will to make it legal, though Michigan does allow residents to make their will "self-proving" by notarizing the document and signing an affidavit that proves who the involved parties are and that each of them knew they were signing the will. A significant benefit of a self-proving will is that it speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Changing or Revoking a Will

In Michigan, individuals may revoke or change their will at any time. They can revoke their will either by:

• making a new will that says it revokes the old will or has contradictory terms to the old will, or
• burning, tearing, canceling, obliterating, or destroying all or part of the will.

State law presumes a person intended to replace their old will with the new one if they disposed of all of their estate in the new will. If a person didn't dispose of all of their estate, Michigan law instead presumes they only wanted the new will to add to the old one. In this situation, the executor should follow the instructions in both wills; however, if a term in the wills contradicts each other, the executor should follow the instructions in the new will.

To make changes to a will, it is best to simply revoke it and make a new one. However, if only very simple changes are required, a person can instead just add an amendment to the existing will (called a codicil). Note that following the addition of an amendment or creation of a new will, individuals must finalize the document as they had before (signing with witnesses).

If two spouses divorce, Michigan law revokes any language in their respective wills that leave property to the other spouse or names the other spouse to be their executor unless the person specifically states in their will (or divorce decree) that divorce should not affect the provisions in the will. If you have any legal concerns about the effects of divorce on your will, contact one of our attorneys at Little & Boylan PLLC who have experience with estate planning and divorce in Michigan.