Estate Planning Archives

Many people assume that when somebody dies, everything automatically goes to a spouse or children. However, the reality is often more complicated. Dying without a will in Michigan—also known as dying intestate—means that Michigan law decides who inherits their property.

As an estate planning attorney in Rochester Hills, Michigan, I often get questions related to this topic. Below, I’ll explain how intestate succession works in Michigan, who gets what, and why it’s so important to create a will or trust.

Who Gets the Property After Somebody Dies in Michigan?

In Michigan, intestate estates are distributed according to the Estates and Protected Individuals Code (EPIC). The law sets a specific order of priority for heirs. Here’s a general overview:

If the person was married with no children or parents:

• The surviving spouse inherits everything.

If married with children who are also the surviving spouse’s children:

• The spouse receives the first $150,000 plus half of the remaining balance.
• Children split the other half.

(Note: The $150,000 figure is adjusted annually for inflation.)

If married with children from another relationship:

• The spouse receives the first $150,000 plus half of the remaining balance.
• Decedent’s children (not the spouse’s) split the other half.

If married with no children but surviving parents:

• The spouse gets the first $150,000 plus three-quarters of the rest.
• Parents inherit the remaining one-quarter.

If not married:

• Children inherit everything.
• If there are no children, it goes to:
  • Parents.
  • If no parents, to siblings.
  • If no siblings, to nieces and nephews.
  • And so on, following Michigan’s “next of kin” hierarchy.

What Happens When Minor Children Inherit?

If minor children inherit, the court will likely appoint a conservator to manage the money until the children turn 18. This can lead to unintended consequences, including court oversight, annual accountings, and potentially large distributions to young adults who may not be ready to handle the funds responsibly.

What If No Relatives Can Be Found?

If no heirs are located, the estate escheats to the State of Michigan. This is very rare, but it can happen when no family is identified.

Why Dying Without a Will Can Create Problems

Even though the law provides a default plan, intestacy often causes:

• Delays: Court supervision is required, which can slow everything down.
• Disputes: Family members may disagree about who should administer the estate.
• Loss of Control: You have no say in who gets your property, who handles your affairs, or who becomes the guardian for your children.

How to Avoid Intestacy

The best way to avoid these issues is to create an estate plan. A properly drafted will or trust ensures:

• Your property goes to the people you choose.
• You appoint a personal representative you trust.
• You name guardians for minor children.
• You minimize the chance of costly conflicts.

Avoid Dying Without A Will In Michigan: Get Expert Help From Stephanie Krane-Boehmer Law

Dying without a will in Michigan means the state decides what happens to your property. Those decisions may not reflect your wishes. If you want to ensure your loved ones are protected and your legacy is distributed the way you intend, now is the time to create or update your estate plan.

As an estate planning lawyer, I help clients in Rochester Hills and the surrounding areas with the intricacies of creating an estate plan that reflects their wishes. If you’d like help getting started, contact my office to schedule a consultation.

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Buying a new home is an exciting milestone. Whether you’re upsizing, downsizing, or relocating for a fresh start, there’s a lot to think about—packing, moving logistics, and settling in. But one important step that you, as a homeowner, should not forget is to update your estate plan, especially your trust.

Why should you update your estate plan when you move into a new home? If you’ve created a living trust to avoid probate and protect your loved ones, you need to be sure your new home is properly included in it.

As an estate planning lawyer in Rochester Hills, Michigan, I can’t stress enough the importance of taking this one step. Failing to do so can mean that your property will still go through probate court, defeating one of the main purposes of having a trust in the first place.

In this blog post, I’ll share the key reasons you want to update your living trust as soon as you move into your new home.

5 Key Reasons To Update Your Estate Plan After Moving Into A Home

Here are a few reasons why updating your trust should be at the top of your moving checklist:

1. Funding Your Trust with Your New Property

When you buy a new home, the deed is typically prepared in your name as an individual (or jointly, if you’re buying with a spouse). But unless you take the extra step of transferring ownership into your trust, the house won’t automatically be covered by it.

This process is called “funding” your trust, and it usually requires signing and recording a new deed that names your trust as the owner. If you don’t do this, your home could end up in probate, causing delays and expenses for your heirs.

2. Updating Property Schedules and Exhibits

Many trusts have a schedule or exhibit listing the real estate and other assets included. After moving, you should update this list to remove your old property and add your new address. This helps avoid confusion later and makes clear what assets are subject to your trust’s provisions.

3. Reviewing Other Related Documents

When you move, it’s also a good time to review your entire estate plan to ensure everything still meets your needs. You may want to update:

• Your pour-over will (to catch any assets not titled in your trust)
• Powers of attorney
• Beneficiary designations

If you’ve moved to another state, it’s even more important to review your documents because laws governing trusts and wills can vary significantly.

4. Protecting Your Loved Ones from Probate

One of the main benefits of a living trust is avoiding probate—a court-supervised process that can be time-consuming and costly. But to get this benefit, your trust must actually own your assets. If your new home isn’t titled in the trust, it will likely have to go through probate before it can be distributed to your beneficiaries.

5. Maintaining Privacy

Unlike wills, trusts are private documents that don’t become public record upon your passing. Ensuring your new property is held in your trust helps keep your affairs confidential and reduces the chance of disputes.

Update Your Estate Plan And Trust With Help From Stephanie Krane-Boehmer Law

Moving to a new home is the perfect opportunity to give your estate plan a checkup. By updating your trust and related documents, you can protect your investment, simplify matters for your loved ones, and ensure that your wishes are carried out exactly as you intended.

If you’ve recently purchased a home or are planning a move, I’d be happy to help you review your trust and make any needed updates

Feel free to contact my office to schedule a consultation. Our office is located in Rochester Hills, and we serve Oakland, Macomb, Genesee, Lapeer, Livingston, and Wayne Counties.

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Your child is heading off to college? Don’t forget these essential documents! We’re talking about a power of attorney for college students. 

The weeks leading up to college are packed with excitement—and a long to-do list. Dorm shopping, class registration, and financial planning.  But one thing many families forget to consider, what happens if your college-age child has a medical emergency or needs help managing finances while away from home.

As a practicing attorney for nearly 20 years and a parent of a college-aged student, I strongly encourage families to include two critical documents in their college prep checklist:

• Healthcare Power of Attorney
• Durable Financial Power of Attorney

Why Do You Need Power Of Attorney Documents For Your Child

Let’s look deeper into why these are necessary. 

Your Child Is Now a Legal Adult

When your child turns 18, they’re legally considered an adult—even if you’re still footing the bill. That means:

• You no longer have automatic access to their medical records or the ability to make healthcare decisions.
• You can’t manage their finances, access bank accounts, or speak to institutions on their behalf—even in emergencies.

Unless your child grants you legal authority, you’re essentially locked out.

Healthcare Power of Attorney (HPOA)

A Healthcare Power of Attorney allows your child to authorize you (or another trusted adult) to make medical decisions on their behalf if they’re unable to do so themselves.

This can be essential in scenarios such as:

• A car accident
• Serious illness
• Mental health emergencies
• Unconsciousness or incapacitation

Without this document, even parents can be barred from receiving medical updates or making critical care decisions due to HIPAA privacy rules.

Bonus Tip: Include a HIPAA Release Form along with the HPOA to ensure doctors can share information with you even when your child is conscious and capable of making decisions.

Durable Financial Power of Attorney

This document allows your child to designate someone (typically a parent) to manage their financial affairs. That can include:

• Paying bills or rent
• Managing bank accounts
• Handling insurance matters
• Dealing with student loans
• Talking to the school about tuition or financial aid

If your child is studying out of state or abroad, this becomes especially helpful when something needs attention and they’re unavailable.

Peace of Mind for Everyone

Power of Attorney documents aren’t about control, they’re about protection. They give both students and parents peace of mind, knowing that if something unexpected happens, there’s a plan in place.

And they’re not just for emergencies. These documents can also be used for:

• Study abroad programs
• Medical leave
• Summer internships in different states or countries

How Do You Get Power Of Attorney For College Students?

The process is simple:

1. Schedule a meeting with an attorney licensed in your state.
2. Have your child sign the documents while they are of sound mind and not under duress.
3. Keep copies with your child, your family, and your attorney.

If your child is attending college in another state, it’s smart to check if that state will recognize your local Power of Attorney forms or consider preparing state-specific versions.

Final Thoughts

Preparing for college means setting your child up for independence. But that doesn’t mean cutting off support. These legal documents create a safety net that can make all the difference in a moment of crisis.

Don’t wait for something to go wrong to realize what rights you don’t have anymore. Add Power of Attorney documents to your college checklist today—and give your family the peace of mind you deserve.

Need help drafting a Healthcare or Financial Power of Attorney for your college-bound child? Contact The Law Office of Stephanie Krane-Boehmer, PLLC to set up a consultation. We make the process fast, affordable, and student-friendly.

Our office is located in Rochester Hills, and we serve Oakland, Macomb, Genesee, Lapeer, Livingston, and Wayne Counties.

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