Michigan Estate Planning Attorney FAQs

Estate planning involves creating legal documents to manage your assets and healthcare decisions in the event of incapacity or death. In Michigan, a comprehensive estate plan can help avoid probate, minimize taxes, and ensure your wishes are honored. Proper planning can also protect assets from nursing home expenses and provide for dependents, including minor children and individuals with special needs.

A comprehensive Michigan estate plan often includes:

• Last Will and Testament: Specifies asset distribution and guardianship for minor children.

• Revocable Living Trust: Helps avoid probate and allows for detailed control over asset distribution.

• Durable Power of Attorney: Authorizes someone to manage your financial affairs if you become incapacitated.

• Durable Power of Attorney for Health Care (Patient Advocate Designation): Appoints someone to make medical decisions on your behalf.

• Living Will (Advance Directive): Outlines your preferences for end-of-life care.

While a will directs asset distribution, it must go through probate, which can be time-consuming and public. A revocable living trust can help your estate avoid probate, maintain privacy, and provide greater control over how and when assets are distributed. Trusts are particularly beneficial for managing complex estates or providing for beneficiaries with special needs.

If you die without a will (intestate), Michigan's intestacy laws determine how your assets are distributed. Typically, assets go to your closest relatives, such as a spouse, children, or parents. However, this may not reflect your personal wishes and can lead to disputes among family members.

We understand the emotional and financial challenges that accompany elder care planning. With empathy and professionalism, we guide clients through every step of the Medicaid planning process, offering comprehensive solutions that prioritize your financial security and well-being.

At The Law Office of David E. Waterstradt, our commitment to excellence is evident in our meticulous approach to Medicaid planning. We stay abreast of legal developments and leverage our deep understanding of elder law to provide informed guidance and effective solutions. Whether you are proactively planning for future care needs or facing an immediate Medicaid crisis, we are dedicated to achieving favorable outcomes and empowering you with peace of mind.

Beyond our legal expertise, we prioritize building trusting relationships with our clients. We listen attentively to your concerns, provide clear explanations of your options, and work diligently to achieve your goals. Our goal is to empower you with the knowledge and tools needed to make informed decisions about your Medicaid planning needs.

It’s advisable to review your estate plan every 3–5 years or after significant life events, such as marriage, divorce, the birth of a child, or substantial changes in financial circumstances. Regular updates ensure that your plan remains aligned with your current wishes and legal requirements.

Yes. Most estate planning documents, including wills and revocable trusts, can be amended or updated as long as you are mentally competent. It’s important to consult with an attorney to ensure changes are legally valid and properly executed.

Not always. Michigan offers simplified probate procedures for small estates. Additionally, assets held in a trust, jointly owned property, or those with designated beneficiaries can often bypass the probate process.

Michigan does not impose a state estate or inheritance tax. However, federal estate taxes may apply to larger estates. As of 2025, the federal estate tax exemption is $13.99 million per individual.

A power of attorney is a legal document that grants someone the authority to act on your behalf in financial or healthcare matters if you become incapacitated. Having both a durable financial power of attorney and a durable power of attorney for health care is essential to ensure your affairs are managed according to your wishes.

The cost of estate planning in Michigan varies based on complexity and the attorney’s fee structure. Simple plans may start around $500–$1,500, while more complex trust-based plans can range from $2,000 to $5,000 or more. It’s important to discuss fees upfront with your attorney to understand the services included.