Michigan Wills and Other Estate and Asset Protecting Devices
The rich man said, A Soul, thou hast much goods laid up for many years; take thine
ease, eat, drink, and be merry. But God said unto him, Thou fool, this night thy
soul shall be required of thee: then whose shall those things be, which thou hast
provided? Luke 12:19-
Most Americans are familiar with the concept of a Will. A Will helps them to be in control of who receives what they have accumulated, at the time of their death. While the majority of Americans understand the need for a Will, a large percentage never make one or consult a Wills lawyer to draft one for them: (then whose shall those things be, which thou hast provided?) They fail to admit the truth that all men (one hundred percent) will die. The clock of life is wound by God, only once. And no man knows the hour when his death will come. BUT all will die. Many at a good old age, full of years, some at a younger age, some before they see children or grandchildren graduate from high school. Some even younger than that. But you must be ready. It is appointed unto man once to die, and after that the judgment.
Are You Ready For Death? FIRST Be Ready to Meet God. That is only accomplished if you recognize that the ONE Who splits time into two parts: A.D. (year of the Lord) and B.C. (Before Christ) [fn1] yet no matter how it is labeled, it marks the beginning of the Earthly life of Christ Jesus. Jesus came to Earth as a baby, born of a virgin. Jesus lived a sinless life. Then this sinless One, went to the cross and allowed them to crucify Him. This innocent One, of Whom Governor Pilate said, I find no fault in Him, died for you. The moment HE died, HE paid the eternal death penalty that each one of us had earned for ourselves, by that first real sin. Now we have a choice to make. Shall we receive and accept His death to pay our eternal death penalty and go to heaven when we die (and all will die)? Or will we pay for our own sins in a place of everlasting torment called hell and the lake of fire? Friend before you prepare a Will or a Trust, I advise you to make Peace with God, through our Lord Jesus Christ. Or another way to ask that is: Did your mama raise a stupid child? No? No.
Last Will and Testament. Next my friend, should you draft a Will or Trust? The Will, although a necessary part of your Estate Plan is the only thing that most people have drafted. Yet, with the changes in society and the laws, it is the least effective of the documents you should have to protect your assets. A Will distributes what you have left when you die, but what if you have nothing left? How important is the Will at that time? A Will does NOT keep your assets from being used up for purposes that you never intended when you were working and acquiring assets. Your Will does assure you that the assets that are left after last illness, (which could include a few years in a nursing home) will be given or left to those who you decide should have what you have accumulated. You decide to whom, when and how much of what you leave goes to each person, as you desire.
In addition to a Will, many should consider how to protect the assets they have until the Will takes effect. If you have no assets left, your Will has no real effect. You need to consider Long Term Care Insurance to pay for both Home Health Care and/or Nursing Home Care. How about a Durable Power of Attorney that allows those to whom you would entrust decisions, to continue to make the important decisions?
As the person who creates a Will you are generally known as the ATestator.@
Simple Wills are made for persons who never imagine that they will leave more than One Million ($1,000,000.00) Dollars. A simple Will contains basic provisions related to the disposition of a person=s estate upon their death. BUT remember it does not protect your assets or things you have accumulated during your life. You will need more than a Will to protect assets. The Simple Will also appoints someone named a Personal Representative to handle for you, (the Testator) your final wishes (to take place only after death). Although the simple Will does not address estate tax concerns, or asset protection, it is the most appropriate option for someone whose estate does not present estate tax concerns and who does not have a large Probate estate.
Wills with Tax Planning. Since in Michigan there is currently no Death tax (Inheritance
Tax) we only need worry about those people with an Estate in excess of Five Million
($5,000,000.00) Dollars. And in that case, your local attorney will undoubtedly contact
a more experienced Estate Tax Attorney. They together can make a plan of Asset Protection,
Trusts, and Wills that best shelters your assets. These types of cases require consideration
of various alternatives to avoid estate taxes at death and to protect assets at this
time. Typically those kinds of documents and preparation will cost normally between
Three Thousand Five Hundred to as much as Five Thousand Dollars, but the person or
couple should come out with a plan that shelters up to Ten Million Dollars. In these
cases, the use of a Will that incorporates tax-
Spouse: In Michigan you can disinherit any healthy person, except your spouse. That spouse may always Atake against the Will.@ If this is a second marriage, then a prenuptial agreement is not enough. That new spouse can elect to take a portion of assets against the Will. The Court will not recognize a prenuptial agreement as an effective way to transfer ownership of assets and take them out of your estate at death. To assure that both you and your spouse retain all assets with which you came into a second marriage, you need also a Trust document. Contact your attorney about that and ask him or her to contact a Trust and Estate specialist, who should be happy to assist him or her to help you protect your assets through a Trust. But only a professional who is aware of the recent changes in the law should advise you or your attorney, as to the type of Trust document or documents that you need to protect you. A Will and/or a Trust document should be drafted as part of an overall estate plan for the person or married couple considering the Will.
Asset Protection: We are living 31.4 years longer than our great-
Power of Attorney. Anytime that someone is looking at their estate plan, they should consider the creation of powers of attorney to appoint someone to act for them in the event of their incapacity. In Michigan, powers of attorney are created for both medical and financial concerns, and they are very important should something happen requiring that someone step in and make decisions for you.
Do Doctors Always Know Best? You also may need a Living Will to tell health care professionals, what are your desires. Health Care Designation takes the decision away from doctors who may not even have ever met you before [fn2] and puts those life and death decisions in the hands of a loved one. Is that a good idea? Another way to ask that is... .
Living Will or Physician=s Directive. Many remember the case of Mrs. Theresa (Terry)
Schiavo [fn3] who had no Living Will. The Terry Schiavo controversy, made the concept
of Living Wills (more appropriately called a Physician=s Directive) very important
to many people. The Living Will addresses your desires regarding life-
Handwritten Wills. Many people have questions about whether or not a handwritten Will is valid. Although they can be, handwritten Wills require very specific elements. Without them, the handwritten Will is not considered effective and will not be used to dispose of your assets at death. IF you write it all out in your own handwriting and it is witnessed, some judges have held them valid, but be careful. Read the material online under the Michigan Statutes to make certain that you have done all that is required. If finances make this your only option, read the statute and may God direct you, is my prayer.
People have found that they have questions and misconceptions about Wills, Trusts, Asset Protection, Powers of Attorney and the disposition of their estates. If you have questions, please Contact Us and we will be glad to answer them.
Thank you for reading this material and remember God loves you and has a wonderful plan for your life.
J. Russell Hughes, Jr.
Bible Believing Attorney
E mail: JRussellHughes@Biblebelievingattorney.com
Website: www.Biblebelievingattorney.com
Phone: (989) 473-
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