We Can Help You Put An Effective Will Into Place
Wills are a foundational part of estate planning. They accomplish your wishes with regard to many important decisions.
At DeMent & Marquardt, PLC, our lawyers can work with you to develop a tailored, effective will as part of a comprehensive estate plan. We are a highly reputable estate law firm in Kalamazoo. Since 1994, we have provided trusted legal counsel to help people accomplish their wishes and establish a more secure future.
Basics Of Wills In Michigan
Everyone with assets should have a will. Without one, your property will be transferred in accordance with Michigan law rather than your wishes.
A will can accomplish:
- Property designations: Who you want your property to go to after your passing
- Guardianship designations: Who you entrust with the care of your children
- Personal representative: Who you want to handle the administration of your estate
It’s important to note that a will, by itself, does not transfer property. Your estate will still need to go through the probate process to validate your will and effectuate the property transfers.
What Makes A Will Valid?
A valid will in Michigan must be in writing. It must also have:
- Your signature
- The signatures of two adult witnesses
Additionally, at the time you create your will, you must have “testamentary capacity,” meaning that you understand what you are doing. Doubts about testamentary capacity can arise for those with cognitive issues such as dementia or Alzheimer’s disease. That is why it is important to make a will (and a thorough estate plan) when you are of sound mind.
Frequently Asked Questions About Wills In Michigan
Our attorneys understand the importance of addressing common concerns about wills and estate management. Here are some of the questions we hear most from our clients about wills in Michigan.
What is a holographic will?
This type of will is entirely handwritten and signed by the testator (the person making the will). Unlike formal wills that are typically typed and witnessed, a holographic will can be entirely in the handwriting of the testator, including the provisions and the signature.
Are holographic wills valid in Michigan?
Yes, holographic wills are recognized and valid in Michigan under certain conditions. Michigan law states that a holographic will is valid as long as it is entirely in the testator’s handwriting and is signed by the testator. It does not require witnesses to be considered legally binding.
Where should I store my will?
It is important to store your will in a safe and accessible place. Options include a safe deposit box, a fireproof and waterproof safe at home, with your attorney, or filed at the county courthouse.
Who should I tell about where my will is stored?
You should inform your executor and any alternate executors about the location of your will. It can also be beneficial to notify a close, trusted family member or friend who can help locate the will when necessary.
What should I do if I want to change my will?
If you wish to make changes to your will, you should not simply write on or cross out existing provisions. Instead, you can execute a new will or create a codicil (an amendment to the existing will) following the same formalities as your original will. This typically involves signing the changes in the presence of witnesses.
Craft A Will That Reflects Your Wishes And Desired Legacy
Everyone deserves a carefully thought-out will that accurately reflects their wishes. Our attorneys can help you craft one.
To learn more, please contact us online or call 269-343-2106.