Can I draft my own will without a lawyer in Michigan?

Our Michigan Estate Lawyers Explain Why You Shouldn’t Write Your Will on Your Own 

You may be tempted to use a do-it-yourself (DIY) approach to drafting your will to try to save money. While it’s possible in Michigan to write your own will, it is not a good idea to do so. Writing your will without a lawyer would be a big mistake that could lead to unintended consequences, such as keeping your wishes from being carried out the way you want and negatively impacting your loved ones.

 At Estate Planning & Elder Care Firm of Michigan, our experienced Howell and Clinton Township estate planning lawyers have decades of experience helping clients with wills and estate plans. You can count on us to help you prepare your will and estate plan to meet your particular needs and that will help you avoid probate of your assets or make the probate process as simple and stress-free as possible. 

What Happens If You Die Without a Valid Will in Michigan?

A will is a legal document that specifies how and to whom your assets will be transferred after your death. If you pass away without a will or have an invalid one, your assets would be transferred to your heirs under Mich. Comp. Laws § 700.2102 and Mich. Comp. Laws § 700.2103, Michigan’s intestate succession laws.

If you die without a will or if your will is not valid, your assets will most likely pass to your spouse and children. However, if you don’t have a surviving spouse or children, your property could be given to your parents, grandchildren, siblings, or other family members. You may not want your property transferred under the distribution scheme stated in these laws, which is why it’s important to ensure you have a valid will. The best way to do that is to work with an experienced estate planning attorney rather than attempting to write it yourself. 

Crucial Reasons You Should Not Draft Your Own Will

While using a DIY form to draft your will could be less expensive than working with a lawyer, you could make critical mistakes that make transferring your assets upon your death more complicated and costly for your loved ones. Vital reasons our experienced Michigan estate planning attorneys advise against drafting your own will include:

You Don’t Have Legal Expertise

Michigan has specific laws that must be followed when drafting a will. Unless you are an attorney with estate planning experience, chances are that you don’t have the knowledge or experience to be confident you’re complying with our state’s rules if you draft your will on your own.

You Risk Invalidation of Your Will

If you make errors when writing your will, the document may be invalid. If your DIY will is not validated, then your property will be transferred in accordance with Michigan’s intestate succession laws, which may not be what you want. Our lawyers will ensure that your will complies with Michigan law so that your assets will be transferred according to your wishes. 

You May Not Be Able to Provide for Complex Family Dynamics 

You may have a complicated family situation, such as a blended family or stepchildren, that makes distributing your assets after your death more complex. You are unlikely to have the skill or legal knowledge to draft a will on your own that includes the necessary provisions to address these situations. 

You Could Create Unintended Consequences

Even if you try to be careful when writing your own will, it is entirely possible that you could include a provision in your will that results in your assets being transferred in ways you didn’t intend and would upset you. 

Your Will Could Result in Conflicts Among Heirs

You could write confusing or ambiguous provisions in your will that your heirs do not understand. This could lead to your will being contested, fights among family members, and a more costly and time-consuming probate process. Our estate planning legal team will draft all your will provisions in clear, understandable language to avoid such problems. 

You May Not Know How to Avoid the Probate of Your Assets

You may not know how to develop an estate plan that could avoid the probate of your estate while transferring your property as you wish, resulting in unnecessary expense to your heirs. Our experienced estate planning attorneys may suggest estate planning options, such as a living trust, to help avoid the costs of probating your estate. 

You May Forget Crucial Provisions

Drafting a will involves more than stating who you want to get your property after your death. For example, you may not include important provisions you need, such as appointing a guardian if you have minor children.

In addition, you may also not realize you should set up a trust for assets you want to give to minor children or grandchildren or a special needs trust for disabled adult children. Our attorneys can help you include these types of trusts in your will or living trust and guide you on appointing a guardian or trustee.

You May Not Consider Tax Consequences

If you own a business or your estate value is high, you may not understand the tax consequences that need to be considered when drafting your will and other estate planning documents. Our lawyers will advise you on the tax implications that could impact the distribution of your assets. We will also help you design an estate plan that limits the estate’s tax liabilities and is tailor-made to meet your needs and those of your family.