Making a will in Michigan

MICHIGAN ATTESTED WILL REQUIREMENTS:

✓ In writing

✓ Signed by testator (or by another at testator's direction in testator's presence)

✓ Signed by 2 or more individuals as witnesses

✓ Each witness must sign within reasonable time after:

- Witnessing testator's signing, OR

- Testator's acknowledgment of signature or will

UNIQUE FEATURES:

- Witnesses need NOT sign in testator's presence (UPC rule)

- Witnesses need NOT sign in each other's presence

- "Reasonable time" is flexible

MICHIGAN HOLOGRAPHIC WILL REQUIREMENTS:

✓ Material portions in testator's handwriting

✓ Signed by testator

✓ NO witnesses required

✓ Date not required (but strongly recommended)

MATERIAL PORTIONS means:

- Beneficiary designations

- Property dispositions

- Essential terms of bequests

⚠️ Pre-printed forms with handwritten insertions may be valid

if material portions are handwritten

MICHIGAN INTERESTED WITNESS RULE:

✓ A beneficiary may serve as witness

✓ Will remains valid

✓ Beneficiary-witness does NOT forfeit bequest

✓ No "purging" of interested witness gifts

This is MORE permissive than many states

Best practice: Still use disinterested witnesses to avoid challenges

STATE OF MICHIGAN

COUNTY OF _______________

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], the testator

and witnesses, respectively, whose names are signed to the attached or

foregoing instrument, being first duly sworn, do hereby declare to the

undersigned authority that the testator signed and executed the instrument

as the testator's will and that the testator had signed willingly, or

willingly directed another to sign for the testator, and that the testator

executed it as a free and voluntary act for the purposes therein expressed,

and that each of the witnesses, in the presence of the testator, signed the

will as witness.

_________________________

Testator

_________________________

Witness 1

_________________________

Witness 2

The foregoing instrument was acknowledged before me this _____ day of

_______________, 20___, by [TESTATOR NAME], the testator, [WITNESS 1 NAME]

and [WITNESS 2 NAME], the witnesses.

_________________________

Notary Public, State of Michigan

County of _______________

My Commission Expires: ___________

MICHIGAN ELECTIVE SHARE:

Surviving spouse entitled to approximately 50% of:

- "Augmented estate" (expanded definition)

AUGMENTED ESTATE INCLUDES:

✓ Probate assets

✓ Revocable trusts

✓ Joint property (decedent's contribution)

✓ POD/TOD accounts

✓ Pensions and retirement accounts

✓ Life insurance (if owned by decedent)

✓ Certain gifts made within 2 years of death

CALCULATION:

- Complex formula based on marriage length

- Minimum floor protections

- Supplemental elective share amount available

MICHIGAN HOMESTEAD ALLOWANCE (MCL 700.2402):

- Surviving spouse entitled to $23,000 homestead allowance

- If no spouse, minor or dependent children share $23,000

- In addition to other entitlements

- Has priority over all claims against estate

MICHIGAN EXEMPT PROPERTY:

- Surviving spouse entitled to $15,000 in exempt property

- Includes household furniture, automobiles, etc.

- In addition to homestead allowance

- Priority over creditor claims

MICHIGAN FAMILY ALLOWANCE:

- Reasonable allowance for maintenance during administration

- Up to $27,000 (indexed for inflation)

- For surviving spouse and minor children

- Paid regardless of estate solvency

MICHIGAN PRETERMITTED SPOUSE (MCL 700.2301):

New spouse receives intestate share UNLESS:

1. Will shows intent to exclude future spouse

2. Testator provided for spouse outside will with intent to be in lieu

3. Valid prenuptial agreement waives rights

MICHIGAN PRETERMITTED CHILDREN (MCL 700.2302):

Child born or adopted AFTER will receives intestate share UNLESS:

1. Omission was intentional (apparent from will)

2. Testator provided for child outside will

3. At time of will, testator had children and devised substantially all

estate to other parent of pretermitted child

MICHIGAN PRETERMITTED HEIR COMPLIANCE:

For spouse:

"If I marry after the execution of this will, I intend for this will to

remain in full force and effect. Any future spouse shall take only as

provided in this will, if at all, and shall not be entitled to an

intestate share."

For children:

"I have intentionally made no provision for any child who may hereafter

be born to or adopted by me. This omission is intentional."

OR (to include after-born children):

"Any child born to or adopted by me after the execution of this will

shall share equally with my other children in the distribution of my

residuary estate."

"I, [FULL LEGAL NAME], a resident of [COUNTY] County, Michigan, being of

sound mind and memory, do hereby make, publish, and declare this to be

my Last Will and Testament, revoking all prior wills and codicils."

"I nominate [NAME] as Personal Representative of my estate, to serve

without bond. If [NAME] is unable or unwilling to serve, I nominate

[ALTERNATE] as successor Personal Representative, also without bond.

I grant my Personal Representative full authority to administer my

estate under the Michigan Estates and Protected Individuals Code with

the minimum court supervision required by law."

"My Personal Representative shall have all powers granted under Michigan

law, including but not limited to:

- Selling, leasing, or mortgaging real or personal property

- Making distributions in cash or in kind

- Employing attorneys, accountants, and other professionals

- Compromising or settling claims

- Making all tax elections

- Continuing business operations"

MICHIGAN ATTESTATION CLAUSE:

We declare that [TESTATOR NAME] signed this instrument as their Last Will

and Testament, or directed another to sign for them, and that to the best

of our knowledge [TESTATOR NAME] is 18 years of age or older, of sound

mind, and under no constraint or undue influence.

We further declare that we signed this will as witnesses, and that we

believe [TESTATOR NAME] to be of sound mind.

Dated: _______________

_________________________ _________________________

Witness 1 Signature Witness 2 Signature

_________________________ _________________________

Print Name Print Name

_________________________ _________________________

Address Address

_________________________ _________________________

City, State, ZIP City, State, ZIP

MICHIGAN ELECTRONIC WILLS:

✓ Electronic wills recognized under MCL 700.2520

✓ Must meet standard execution requirements electronically

✓ Remote witnessing permitted under certain conditions

✓ Must be readable as text

✓ Electronic signatures must be attributable to signers