Joint Will Attorney Michigan
Simplify Estate Planning with a Joint Will
What is a Joint Will?
The key features of a Joint Will include:
A single will that covers the estate planning needs of both individuals.
The will is based on the mutual agreement of both parties, typically ensuring that the surviving spouse inherits the entire estate.
The terms of a Joint Will are binding, meaning that neither party can change the will without the other's consent.
The Benefits of a Joint Will
Joint Will
How to Create a Joint Will
Creating a Joint Will involves several key steps:
1. Assess Combined Assets
Compile a comprehensive list of your combined assets, including real estate, personal property, bank accounts, investments, and insurance policies.
2. Discuss and Agree on Terms
Both parties must agree on how the estate will be managed and distributed. This includes designating beneficiaries, specific bequests, and any special instructions.
3. Appoint an Executor
Choose a trusted individual to serve as the executor of your Joint Will. This person will be responsible for managing the estate according to your instructions.
4. Draft the Will
Work with an experienced estate planning attorney to draft your Joint Will. This ensures that the document is legally sound and accurately reflects your shared wishes.
5. Sign and Witness the Will
To be legally valid, your Joint Will must be signed and witnessed according to the laws of your state.
6. Store the Will Safely
Keep your Joint Will in a secure location, such as a safe deposit box or with your attorney. Make sure your executor knows where to find it.
How to Create a Joint Will
Compile a comprehensive list of your combined assets, including real estate, personal property, bank accounts, investments, and insurance policies.
Both parties must agree on how the estate will be managed and distributed. This includes designating beneficiaries, specific bequests, and any special instructions.
Choose a trusted individual to serve as the executor of your Joint Will. This person will be responsible for managing the estate according to your instructions.
Work with an experienced estate planning attorney to draft your Joint Will. This ensures that the document is legally sound and accurately reflects your shared wishes.
To be legally valid, your Joint Will must be signed and witnessed according to the laws of your state.
Keep your Joint Will in a secure location, such as a safe deposit box or with your attorney. Make sure your executor knows where to find it.
Why Choose The People's Firm?
We take the time to understand your unique circumstances and provide tailored estate planning solutions.
Our attorneys stay up-to-date on the latest estate planning laws and best practices to ensure your will is legally sound and effective.
In addition to Joint Wills, we offer a full range of estate planning services, including trusts, advanced directives, and more.
We are here to support you through every stage of the estate planning process, from initial consultation to periodic updates and revisions.
Can a Joint Will Be Changed in Michigan?
Many couples assume a joint will locks the survivor in. Michigan law is more careful than that. Under MCL 700.2514, signing a joint will does not, by itself, create a presumption that the spouses agreed never to change it. For the survivor to be bound, there has to be an actual contract not to revoke, and it has to be shown in one of a few specific ways. It can be stated in the will itself, referred to in the will and proven with other evidence, or set out in a separate signed writing.
What does that mean in real life? If your joint will says nothing clear about whether the survivor can change it, your children may end up in court after the second death arguing about what their parents intended. If it does say the survivor is locked in, the survivor may lose the ability to adjust the plan when life changes.
Neither outcome is ideal. A joint will attorney should help you decide up front, in plain language, whether the survivor is free to change the plan or not, and then write it down so nobody has to guess.
Joint Will vs Mirror Wills
Couples often ask for a joint will when what they actually want is a matching plan. Those are two different documents.
- A joint will is one document signed by both spouses. It serves as the will of each of them.
- Mirror wills are two separate wills with matching terms. Each spouse owns their own document and can update it later without touching the other’s.
For many couples, mirror wills deliver the same result as a joint will with far less risk of confusion after the first death. If you want the survivor to have complete freedom, mirror wills are usually cleaner. If you want the survivor bound to a specific plan, there are better tools than a joint will, including trusts that can be written to protect your children.
What Happens to a Joint Will After the First Spouse Dies
After the first death, the will is delivered to the probate court and the estate goes through informal or formal probate. Assets pass to the surviving spouse according to the will. From there, the survivor is usually managing everything alone, sometimes for decades.
That long stretch is where a joint will can pinch. The survivor may want to remarry, help a child through a hard season, downsize, move to another state, or pay for long term care. If the will is read to bind the survivor, any of those choices can start a family fight. If the will is read to leave the survivor free, the children named to inherit later have no real guarantee.
Because both spouses’ wishes live in one document, the original can also end up in a court file after the first death. That can make the second death more awkward to handle.
Risks of a Joint Will
A joint will can look like the cheapest and easiest option. Before you sign one, here is what we want every couple to understand.
The survivor may be locked in, or your family may fight about it. Because Michigan does not assume a joint will is a binding agreement, unclear wording leads to disputes. Children and other beneficiaries can end up in a will dispute over what their parents actually meant.
It does not avoid probate. A will, joint or not, goes through the probate court. If keeping your family out of court matters to you, a revocable living trust does that job better.
It does nothing while you are alive. A joint will has no power if one of you becomes incapacitated. You still need a general durable power of attorney and a health care power of attorney, which Michigan calls a patient advocate designation.
It can limit your options later. If one spouse needs long term care, a rigid plan can make Medicaid and asset planning harder.
It puts two people’s plans in one basket. If one spouse’s goals change after a health scare, a move, or a family event, the whole document is affected.
What a Joint Will Does Not Cover
Many couples are surprised to learn how much of their wealth never passes through a will at all. A joint will only control property that is in your name alone at death. It does not control
- Retirement accounts such as a 401k or IRA, which go to the person named on the beneficiary form
- Life insurance, which goes to the named beneficiary
- Bank accounts set up as payable on death
- Property owned jointly with rights of survivorship
- Assets already titled in a trust
If those forms are outdated or point somewhere different from your will, the will can be overridden. This is one of the most common problems we find when couples bring in an old plan. Part of any estate planning review is making sure the will, the beneficiary forms, and how you own your property all tell the same story.
Joint Wills for Second Marriages and Blended Families
If either spouse has children from a prior relationship, a joint will deserves extra scrutiny.
When everything passes to the survivor, the survivor alone decides what happens next. That can leave a spouse’s children with nothing if the survivor changes the plan, remarries, or simply spends the money. On the other hand, if the will locks the survivor in, it can leave the survivor without the flexibility they need to pay for care or handle emergencies.
For blended families, we usually look at options that split control from benefit, such as a trust that provides for the surviving spouse during life and then passes what remains to each spouse’s own children. It takes more planning than a joint will, but it puts the protection in writing where it belongs.
Is a Joint Will Right for You?
A joint will tends to work well when
- You have been married a long time
- All of your children are shared
- Your assets are modest, such as a home, bank accounts, and retirement accounts
- You trust the survivor completely and want them in control
You should look at other options when
- Either of you has children from a prior relationship
- You own a business or rental property
- A beneficiary has special needs, creditor problems, or trouble managing money
- You own property in more than one state
- You want to avoid probate or keep your estate private
- You are worried about incapacity or long term care costs
If you are unsure which list describes you, that is exactly what a consultation is for.
What We Review Before Drafting a Joint Will
Before we recommend a joint will, we ask about
- Your marriage and your children, including anyone from a prior relationship
- Everything you own and how each item is titled
- Retirement accounts and life insurance, and who is named on each
- Whether the survivor should be free to change the plan
- Any beneficiary who is a minor, has special needs, or needs protection
- Your powers of attorney and health care documents
Then we tell you plainly whether a joint will, mirror wills, or a trust fits your goals. You are never pushed toward the most expensive option.
Can a joint will be changed after one spouse dies?
It depends on what the document says and what the spouses agreed to. Michigan does not assume a joint will is a promise never to change it. A promise not to revoke has to be shown through the will’s own language, a reference to an agreement plus proof, or a signed writing. If a promise exists, the survivor may be bound, and changes can lead to a court claim from the children. Never assume. Have it spelled out in writing.
Can a joint will be changed while both spouses are living?
Spouses who agree can sign new documents together. If only one spouse wants to change course, it gets complicated, especially if the will says they promised not to. Talk to an attorney before making a move.
Does a joint will avoid probate in Michigan?
No. A will has to go through probate court after death, whether it is a joint will, mirror wills, or a simple will. A revocable living trust is the tool that can keep assets out of probate.
What is the difference between a joint will and mirror wills?
A joint will is one document signed by both spouses. Mirror wills are two separate wills with matching terms. With mirror wills, each spouse can update their own document later. That flexibility is why many couples choose them over a joint will.
Is a joint will better than a trust?
For many couples, no. A trust gives you flexibility, privacy, and incapacity planning that a will cannot. A joint will can still make sense for a simple situation. We will compare both against your goals at your consultation.
Is a joint will a good idea for a second marriage or blended family?
Usually it needs extra care. If everything passes to the survivor, the survivor decides what the other spouse’s children receive. If the survivor is locked in, the survivor may lose flexibility. Trusts are often a better way to protect both the spouse and the children.
Does a joint will cover incapacity?
No. A will only takes effect after death. To plan for incapacity you need a general durable power of attorney for finances and a health care power of attorney, which Michigan calls a patient advocate designation.
How many witnesses does a joint will need in Michigan?
A Michigan will must be in writing, signed by the people making it, and signed by at least two witnesses. We handle the signing so the will is executed correctly.
What happens to a joint will if we divorce?
Michigan law generally cancels gifts to a former spouse after a divorce, but a joint will can make the results messy. If your marriage ends, update your estate plan right away.
Can you help if we live outside Dearborn or Lansing?
Yes. We serve families across Michigan and Washington DC. Additionally, we can come to you or schedule a virtual session. See our travel service page for details.
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Contact Us Today
Simplify your estate planning with a Joint Will. Contact The People’s Firm today to schedule a consultation with one of our experienced estate planning attorneys. We are committed to helping you create a plan that reflects your shared wishes and provides for your loved ones.
For more information on our estate planning services, visit our dedicated pages on Wills and Trusts.