Free Michigan Last Will and Testament

What is a Last Will and Testament?

Providing it is drafted and signed correctly by an adult of sound mind, a Michigan Last Will and Testament is a legal instrument that outlines the way your property will be managed after your death. The individual who dies is formally called the decedent. When the decedent has minor children, the Last Will can also be used to specify someone they prefer to take care of their young children and who they wish to handle their children’s inheritance and funds until eventually each child reaches adulthood (generally 18, but it is possible to designate a specific age) to handle their finances on their own.

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In a Michigan Last Will and Testament, the decedent generally also establishes a personal representative-or co-personal representatives (more than one individuals acting together in this regard) to handle the matters of the estate. A personal representative is somebody who gathers the information about the decedent’s debt and possessions, pays off any remaining debts using the assets on behalf of the estate, and makes sure that the decedent’s property is used as specified in the Will, so this is a position with a lot of responsibility. The personal agent decided on is commonly a friend or relative the testator truly trusts to bring to completion their final wishes.

In case an individual passes away with no legitimate Michigan Will (which for most states implies it must be correctly witnessed, not only signed), someone will generally be chosen by the court to function as personal agent and pay the decedent’s financial debt, using assets as needed to do so. Afterward, the remaining assets will be spread amongst the decedent’s beneficiaries according to the laws and regulations of the state the will maker lived in.

In some states, any time one spouse passes away leaving behind their wife or husband, that living spouse will end up with all of the decedent’s assets without a Will containing the opposite. Additionally, the decedent could have specified a certain individual to obtain a life insurance policy, retirement account, or other asset, and this beneficiary designation will determine who is given those assets in the absence of a Will document.

The critical thing to pay attention to is that any person who desires to indicate exactly how their belongings will be distributed after their death should make and properly execute a Will to ensure their wishes are recognized and followed. Without a last will, you will be leaving it up to chance, the laws of the state, or a court of law regarding the way your very last matters will be resolved.

Last Will Papers in Michigan

In this article, we will provide you with all the information concerning the last will in Michigan. You will learn what this document is, why it is important, and how to fulfill local requirements. As well as the majority of states, Michigan has some special laws and regulations that you should be aware of.

In Michigan, you can bequeath your property to your spouse, children, other relatives, and even pets. If you are willing to give some of your capital to a particular person, it will be highly important to write all your wishes in one official form.

Do not confuse the last will with a living will. The first one is used to distribute all your money and properties after your death, while the second one is needed in case you will become incapable of distributing your belongings yourself.

According to the local laws of Michigan, a person is not obliged to provide the last will. However, if they do not do so, all their properties will be distributed depending on the laws of intestacy. Since the result of such a distribution might not be suitable for everyone, it is better to prepare your personal last will.

In Michigan, it is possible to give a property directly to someone, but a testator can also bequeath something valuable in the form of a gift or a trust. In addition, a person might want to choose a legal guardian for their children.

How to Revoke the Last Will in Michigan?

If you have changed your mind because of some personal circumstances, it is possible to cancel the last will by canceling it or simply making a new one instead of it.

Essential Requirements for a Testator in Michigan

A person should be at least 18 years old;

A testator should be sane and capable of making a decision;

A testator needs to put their signature on the last will;

At least two persons must be witnesses of a testator signing the last will;

A testator should complete their last will in a written form;

There are no restrictions concerning to whom a testator can bequeath their property.

Important Michigan Exceptions

Everyone who is considering making their last will should keep in mind some exceptions concerning types of property that can be distributed between testator’s loved ones. The most popular cases are the following:

The family of a testator has an opportunity to be given an allowance. The whole sum for one year cannot be more than 18,000 dollars. It can be given once a year or each month;

A spouse of a testator or their children have a right to be given a homestead allowance (the sum is 15,000 dollars);

A spouse of a testator or their children is given some appliances, furniture, and autos. The value of all these properties cannot be more than 10,000 dollars;

A widow has a right to own the third part of all her husband’s capital that he had during the time they were married. This right is lifetime and, therefore, is not restricted;

A spouse is given half of the sum that would be given if a testator died without the last will.

Is it Possible to Change the Last Will in Michigan?

It is possible to include some changes in the form whenever a testator wants. It is an official procedure, too. The last will can be changed by codicil.