Writing your will

Whether you tend to be the type who is kept awake at night by worries, or you just recently had a major change of circumstances, right now might be the moment when you feel the need to jot down your last will and testament. If you die without completing this document, the probate process could become particularly difficult for those you leave behind. The legal team at the Bingham Legal Group PC has provided assistance to many people who want to make sure their wishes are honored after death.

Without an estate plan to follow, the Michigan court system takes inventory of your assets and liabilities after your death, and appoints a person to oversee the distribution of your estate among your heirs. According to the Michigan Legislature, your will has to be written and signed by you, and witnessed and signed by two other people. However, you could also direct someone else to sign it for you in your presence if you are not able to.

If you write out your will by hand, you do not necessarily need a witness. This type of document is known as a holographic will, and although some states do not recognize them, Michigan does. To stand up in court, the handwriting of the material sections has to match your signature, and the document also has to be dated. Any parts that are not in your handwriting may still be valid if there is proof that you intended for it to be written as it is.

More information about making sure your end-of-life wishes are legally binding and honored in court is available on our web page.