Though planning for the future can be overwhelming for many, it is a vital process to endure. After all, estate planning can help provide support and security for your loved ones after you’ve passed. However, to take care of the people you care about the most, you’ll need to ensure your will is valid. Though this may seem simple enough, it can be a complex process unless you have the assistance of a Washtenaw County wills attorney. Keep reading to learn more about what this process entails.
How Can I Make Sure My Will Is Valid?
The most important thing to do to ensure your will is valid and enforceable is to enlist the assistance of an experienced attorney. Unfortunately, many people make the mistake of trying to create a will on their own. Though this may seem like a more affordable option, it can cost you in the long run. If you try to create a will by yourself, it is likely that you will make an error that could invalidate your will.
One of the main errors that many make when trying to create a will by themselves is that they are unfamiliar with state laws. As such, they may use contradictory language that makes it impossible for the state to enforce the terms written in the will.
To create a will that’s valid, you must be at least 18 years old and of sound mind. Generally, of sound mind simply means you have not been deemed incompetent in a prior legal decision. Similarly, you must have two witnesses who sign the will in front of the creator.
What Happens if It’s Deemed Invalid?
If your will is deemed invalid for any number of reasons, it will be subjected to Michigan’s intestacy laws. Essentially, this occurs when someone passes away without a will, or the one they created is unenforceable for whatever reason. As a result, the state will step in and distribute someone’s estate according to their rules.
In Michigan, the line of succession for intestate estates will first be awarded to children if you pass without a spouse and your spouse if you have no children or parents. However, if you pass with a spouse and children, your partner will inherit $150,000 plus half of the balance, while your children inherit the rest.
Ensuring your will is valid is vital to ensuring that your assets will go to the intended beneficiaries. Unfortunately, if there is an error, you will find that your estate may go to those you didn’t intend to inherit the assets.
When you are ready to start planning your estate, it is imperative to consult an experienced attorney. Without the help of a lawyer to guide you through the process and to review your documents to help ensure your assets will go to the intended beneficiaries.
