Michigan State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Michigan Compiled Laws Annotated
Probate jurisdiction rests with the Probate Court (Section 700.1302)
Probate laws are primarily under Chapter 700

Minimum age requirement to:

Distribute property by will: 18 (Section 700.1106(c))
Which minor gets property: 18 to 21

Holographic will recognized (Section 700.2502)

State taxes:

Estate tax: Equal to federal credit for state death taxes (Section 205.202(a))
State gift tax: No state gift tax (Section 205.202(a))
Inheritance tax: No inheritance tax (Section 205.202(a))

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 700.2101 to 700.2114)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - $150,000 and one-half (1/2) of your estate to the surviving spouse, and
  - the other one-half (1/2), split equally among the surviving children or to their children in accordance to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - $100,000 and one-half (1/2) of your estate to the surviving spouse, and
    - the other one-half (1/2), split equally among the surviving children or to their children in accordance to their per stirpes share
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse
      - No children, but at least one of your parents survives you:
        
        $150,000 and three-fourths (3/4) of your estate to the surviving spouse, and
        
        the other one-third (1/3), split equally among the surviving parents
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) equally or to their children according to their per stirpes share. If none, then one-half (1/2) to maternal grandparents or their children according to their per stirpes share, and the other one-half (1/2) to paternal grandparents or their children according to their per stirpes share

Who must be named as a beneficiary in your will:

Surviving spouse (Section 700.2302), andChildren, born or adopted (Section 700.2301)
- Surviving spouse must be given:
  - If there are no children, then one-half (1/2) of your estate must pass to your spouse ; see statute (Section 700.2201to 700.2206)
  - If there are children, then one-fourth (1/4) of your estate must pass to your spouse; see statute (Section 700.2201 to 700.2206)
Children, born or adopted (Section 700.2301)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse (Section 700.2801)
You get married without changing your will that does not provide for your new spouse:
- Revokes will as to spouse, unless will expressly provides for spouse, but spouse may still be entitled to shares under state intestate law (Section 700.2301)

Witnesses:

Minimum number of witnesses required: Two (Section 700.2502)
Are witnesses allowed to be beneficiaries?: Yes however, any beneficiary named in the will who is also a witness, then the portion of the will to the witness beneficiary will be void in any amount excess to what they would get under state intestate law,
Requirements to be a witness are not set out by statute, but it is recommended that the witnesses should be:
- be at least 18 years of age or a notary public,
- not be related to you by blood, adoption, or marriage,
- not be your healthcare provider or an employee of your healthcare provider,
- not be entitled to anything in your will, and
- not be finically responsible for your healthcare

Property ownership (Chapter 554, Sections 554.44 and 554.45, and Chapter 557, Section 557.101):

Common law state
Joint tenancy with rights of survivorship requires express language
Jointly held real estate and jointly tenancy by spouses is presumed to be held as tenancy by the entirety, unless expressly and clearly stated otherwise
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety, tenancy in common, and joint tenancy are recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 700.2504)
Living will: no statute governing living wills; but under the Constitution, you have a right to state your wishes as to medical care as provided in this book. Although there are no official requirements, it is suggested that you have two physician provide a writing of your diagnosis documenting your terminal illness (or injury), or your permanent state of unconsciousness
Michigan Designation of Patient Advocate for Health Care (Section 700.5506)