Life is a unique race with a definite start time and an indefinite finishing time! Thus, you have to keep racing, knowing that at any time “along the road,” your last whistle can blow. Therefore, this race requires a keen sense of preparation. It would be best to live aware that you can leave your family and assets behind at any time.
Don’t worry about what you can’t do—determine your life’s sunset. Instead, live preparing for what you can do via a Michigan last will and testament. Writing your last ensures a smooth and harmonious transition of your assets to your chosen heirs. It sets proper boundaries that determine who should get what and in what proportion. Thus, you lock out all outsiders from your family’s inheritance affairs after your demise.
Here, we walk you through its importance plus how to draft, revoke, and amend the last will and testament form legally. Eventually, you will be better positioned to write yours today.
Download your fillable Michigan Last Will and Testament Form in PDF format:
– Adobe PDF
Why Do You Need It?
A Michigan last will and testament is a legally binding document. However, the law doesn’t force you to write one. You should still document yours to ensure that your family inherits your estate peacefully. So, why do you need to write a last will? Here are compelling reasons to draft this document.
First, it lets you stamp your authority over your assets because you labored to gather them. You also labored to get your children to where they are. So, why should an outsider intervene to determine who should get what and in what measure? Writing a last will is the only way to ensure that you have the final say over your assets.
Second, writing the last guarantees your assets’ fair distribution. A good father knows what type of inheritance fits his children. Let’s assume we have a business empire comprising logistics and transport, hospitals, schools, and real estate. Any sharp and sensitive parent who knows his children will divide these assets based on his children’s strengths and not mathematical equality. For instance, this father knows who among his children can handle the real estate or logistics. Thus, he will allocate the right assets into the right heir’s hands, who will ensure their generational continuity. Unfortunately, dying without a last will lets the government use the law to distribute your assets!
Third, writing a last will also lets you include all of your chosen beneficiaries in your asset distribution. Remember, charity begins but doesn’t end at home. Thus, you are morally, legally, and divinely free to allocate some of your assets to the needy and your friends. Unfortunately, failing to write a will on time allows the state to invoke intestacy laws and distribute your estate within your family. Consequently, it locks out other deserving beneficiaries unless your children and spouse share your generosity.
Do you want your family and relatives to share and benefit from your wealth as per your wishes? If you do, it’s high time you downloaded our forms and wrote your last will. Don’t postpone it because none of us has a guaranteed tomorrow. Remember, all our tomorrows are pegged on Divine mercy while our past is gone past recovery! Thus, you only have the present (today) as a guaranteed present you can present to your family!
What if One Dies Without a Will?
Although it isn’t the best thing to happen to any family, many people still die without last wills. Thus, they allow the state of Michigan to intervene by invoking intestacy laws. These laws require all surviving spouses to inherit their entire estates unless they had surviving children with them. In such cases, the spouses inherit the first $150,000 and then shares the remaining equally with their children.
The state allows a deceased’s surviving children to inherit their entire estate if they left no surviving spouse. It also lets a decedent’s parents inherit some of their assets if they left a spouse but had no children or other descendants.
Which Assets Are Exempted?
Michigan laws exempt some assets from distribution via the last will. Here are some of them:
- All surviving spouses and minors are entitled to a $15,000 homestead allowances;
- The law also allows an $18,000 monthly family allowance for a year;
- All widows are entitled to 1/3 interest in the properties their husbands owned during their marriage.
A last will and testament is legally binding. Thus, it must meet a specific legal threshold to hold legal validity and authority. Otherwise, it remains null and void. Below are some of the legal requirements it should meet in line with the Act 386 of 1998 of Michigan.
- Its testator should be an adult aged 18 years and above.
- The testator must be sane.
- The testator must sign the document or appoint a trusted person to do it in their name, presence, and direction.
- At least two competent witnesses should sign the document after witnessing its drafter signing it or acknowledging its signing.
- The will must be written.
- The testator can appoint anyone they wish to inherit their estate, inside and outside their family.
Other Recognized Wills
Michigan laws also recognize other forms of will. For instance, they recognize handwritten wills if their testators sign and date them at the bottom. Testators must also write most of the wills’ sections.
What About Alterations?
Like all other state laws, Michigan laws allow you to alter your last will any time you find it necessary. You can do this via codicil, executing the amendments as per the same legal procedures you followed when drafting it.
You can also revoke your last will. The law allows you to revoke it by implementing a subsequent last will. You can also revoke the will by destroying it through cancellation, tearing, or burning. Moreover, if you get a divorce or annul your marriage after executing your last will, you automatically revoke all of your former spouse’s provisions.
There you have it. It’s now up to you to download and fill out our last will and testament forms today.
Other Michigan Forms By Type
Other Last Will and Testament Forms By State
- Arizona will form
- California last will and testament
- Colorado will template
- Florida will
- Georgia will form
- Illinois last will and testament
- Maryland will template
- MN will form
- New Jersey will form
- New York last will and testament
- NC will template
- Ohio last will and testament
- Oregon will form
- PA will template
- SC will
- Tennessee will form
- Texas last will and testament
- Virginia will template
- Washington state will template
- Wisconsin last will and testament