Why Everyone Needs a Will: Considerations for Michigan Residents

A will isn’t just for the wealthy or elderly. A will isn’t just a piece of paper—it’s a way to take care of the people you love and make sure your wishes are heard, even when you’re not around to say them yourself.

At the Law Offices of Miller & Miller, P.C., we've seen firsthand how a properly prepared will can provide peace of mind and prevent family disputes during an already difficult time. And if you’re thinking of making a will, our father-son team is dedicated to helping you protect what matters most.

Get help with your will or other estate planning needs by reaching out to the Law Offices of Miller & Miller, P.C. Call at 313-386-1400 to get started.

What Is a Will?

Simply put, a will is a legal document that explains your wishes about how your property should be distributed after you die. Think of it as your voice when you can no longer speak for yourself.

A will allows you to:

• Name who gets your belongings
• Choose a guardian for your minor children
• Select someone you trust (called an "executor") to carry out your wishes
• Make specific gifts to people or organizations you care about

Without a will, Michigan law decides what happens to everything you've worked so hard for. Your property would be distributed according to the state's "intestate succession" laws, which might not match your wishes at all.

And here’s the best part: once your will is done, you can tuck it away and get back to living your life, knowing you’ve got things covered.

Who Needs a Will?

Here’s the short answer: everyone. Yes, you read that right—everyone over 18 should have a will. You might be thinking, “But I’m young and healthy!” or “I don’t have much to leave behind.” Well, but let us ask you this: “Can you predict the future? Do you know what’s going to happen tomorrow?” No, no one knows.

Beyond the peace of mind that comes with knowing your wishes will be honored, there are several practical reasons to create a will:

• Prevent family conflicts: We've seen too many families torn apart arguing over who gets what after a loved one passes away. Clear instructions in a will can prevent these painful disputes during an already emotional time.
• Save your family time and money: Without a will, settling your estate typically takes longer and costs more. Your loved ones will need to go through additional court procedures, potentially hiring attorneys at their own expense.
• Protect your children's financial future: A will allows you to set up trusts for minor children, ensuring their inheritance is managed responsibly until they're mature enough to handle it themselves.
• Minimize taxes and expenses: Strategic planning in your will can reduce taxes and other costs, preserving more of your estate for your beneficiaries.
• Support the people and causes you care about: A will ensures your assets go to those you choose—not to distant relatives you barely know.
• Name someone you trust to handle your affairs: You can choose your executor (the person who will follow through on your wishes) rather than having the court appoint one.

Remember, tomorrow isn't promised to anyone. Even if you're young and healthy, having a will provides security for your loved ones in case of unexpected tragedy.

Considerations When Making a Will in Michigan

Michigan has specific laws that affect how wills work in our state. Here are some key considerations:

1. Michigan's spousal rights: In Michigan, your spouse has rights to a portion of your estate even if you try to disinherit them in your will. And, under Michigan’s intestate succession laws, your spouse gets 100% of your estate if there are no living parents or descendants.
2. Witnessing requirements: For a will to be valid in Michigan, it must be signed by two witnesses who watched you sign it under MCL § 700.2519. These witnesses cannot be beneficiaries named in your will.
3. Digital assets: From social media accounts to online banking, cryptocurrency, and digital photos, your online presence is part of your legacy. Michigan law now allows you to address these digital assets in your will.
4. Your personal representative: In Michigan, the executor of your will is called a "personal representative." Choose someone trustworthy, organized, and preferably located in Michigan, as they'll have wide-ranging responsibilities in administering your estate.
5. Handwritten wills: While Michigan law does recognize handwritten (holographic) wills, they're much more likely to be challenged in court. A professionally drafted will provides far more security.
6. Estate tax considerations: While Michigan doesn't have a state estate tax, federal estate taxes may apply to larger estates. In 2025, the federal estate-tax exclusion amount is $13,990,000, according to the website of the Internal Revenue Service (IRS). A properly drafted will can include tax planning strategies.
7. Regular updates: If you already have a will, major life events like divorce, marriage, deaths, births, moving to another state, or substantial changes in your financial situation should prompt you to update your documents.
8. Take care of your pets: In the eyes of Michigan law, your beloved pet is property. Your will can designate who will care for your pet and potentially set aside funds for their care.

At the Law Offices of Miller & Miller, P.C., we always take the time to explain to our clients Michigan-specific laws related to wills and advise them on how to make their will more effective and legally sound.

Ready to Make a Will? Contact the Law Offices of Miller & Miller, P.C.

Having a will is about maintaining control, even when you're no longer around, just as much as it is about giving one of the most thoughtful gifts to those you love. Don't wait until it's too late. Reach out to the Law Offices of Miller & Miller, P.C. to schedule a consultation about creating or updating your will. Your family's future security is worth an hour of your time today. Call at 313-386-1400 or use our contact form to get started.