May 13, 2025
What Happens If You Die Without a Will in Michigan? (Episode 319)
In today’s episode of Tuesday with Tom, we’re diving into what really happens if you die without a Will in Michigan. Who gets your assets? What if you have no close family? I’ll walk you through the State’s Intestate Succession laws and explain why having a Will — even a simple one — can save your loved ones time, money, and stress. Plus, I’ll share how Amanda and I can help you create or update your estate plan, and the convenient ways you can get started.
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Good afternoon, Michigan Anders. It's Tuesday, May thirteen, twenty twenty five,
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and that means it's time for another episode of Tuesday
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with Tom, Michigan's only Internet show where you get answers
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to your questions about a state planning and a state
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settlement right here in the Great Lake State, and we
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don't send you a bill. I'm your host, Tom Doyle,
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a state planning attorney, lifelong Michigan resident, and a proud
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ambassador for everything good about our beautiful state. Thanks for
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joining me today. Well, last episode living trust, what they
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are and why you might need one. So if you're
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thinking about having a living trust as part of your
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state plan, I invite you listen to the last episode
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that you can find at Tuesday buttime dot com, where
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I talk about what living trusts are and discuss when
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people might need to have them as part of their
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state plan. Today's show what happens if you die without
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a will in Michigan. It's a very common question that
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we get from clients all the time. If I don't
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have a will, what will happen to my estate when
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I die? And that is what we're going to spend
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some talking time. If you will talking about in today's episode.
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So what happens if you.
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Die without a will in Michigan. Well, if you die
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without a will in Michigan, we're going to be talking
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about you have died in test state. That's what that
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refers to, as someone who dies whether it will. So
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what is dying in testate? Well, when someone dies without
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a valid will, again, that's called dying in testa. That
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means you did not legally express how you want your
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money and property distributed or who should be in charge
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of handling your estate. So in Michigan, if that happens,
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the state has a plan for you, and it's called
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Michigan's intestate succession laws.
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But here's the catch.
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Michigan's plan for you might be very different from what
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you have wanted. In fact, during my forty plus years
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now of practicing law, I can only think of one time,
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one time out of all those thousands of clients that
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we've assisted with the state plans, where what the State
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of Michigan's plan under interstate succession for a client actually
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matched what the client wanted. So under Michigan's state succession rule,
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who gets what? Well, let's look at some common scenarios
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if you will. One, you're married with no kids. Well,
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if you're married with no kids, you might think that
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your spouse will automatically get everything. That's what most clients
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would think. I married and I die, I don't have kids,
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everything can go to my spouse. Well, in fact, under
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Michigan law, if your parents are still alive one or
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two both parents are still alive, they in fact might
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also get a cut of your estate because under Michigan law,
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your spouse gets the first one hundred and fifty thousand
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plus half of the remainder and anything that other half
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of the remainder would then go to your parents. Again,
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not what most clients would think and would want to
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have happened, and that can also cause problems. Think about this,
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maybe one of your parents is on Medicaid and now
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they receive an inheritance from you at the time of
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your death. It could end up disqualifying them from receiving
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Medicaid benefits.
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Another scenario, you're married with kids.
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Again, most clients that we work with, when Amanda and
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I are talking to them, if they're married and they
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have kids, they will say something like, look, if I die,
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I want my estate to go to my spouse, and
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then when we both died, then we want the estate
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to go to our children. Well, again, under Michigan's into
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state succession rules, your spouse gets the first one hundred
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and fifty thousand and half of the remaining estate, and
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the other half of that estate goes to your children. Now,
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when I talk about these numbers one hundred and fifty
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thousand dollars, essentially there is an escalation because of inflation
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factor under the statute, So we would to be sure,
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we'd really have to look at what is that number
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going to be at the time of your death. But
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we're using the beginning numbers, not the inflated numbers for inflation.
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But again the idea, the important part is you're married
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with kids.
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Depending upon the size.
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Of your estate, not necessarily everything is going to go
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to your spouse. In fact, some of it might end
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up going to your children. And it doesn't matter if
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they're adults or if they're miners. And if they're miners
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and they now are going to receive an estate from you,
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there may well likely have to be a conservator appointed
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by the probate court to receive.
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And manage that estate for them.
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Another scenario, you have children.
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But no spouse.
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Well, in that case, under Michigan law, your children will
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inherit everything divided equally, and that would include adopted children
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if you've adopted any children, but it does not include stepchildren.
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So if you die without a spouse and you have children,
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and you have stepchildren, and you wanted your stepchildren to
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receive part of your estate, that's not happening under Michigan law,
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unless you were to adopt them, or you made sure
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that you did not die into state. Another example, you
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have no spouse, no kids, no parents.
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You don't have anyone.
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Naturally in that order, and that basically means no spouse,
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no kids, no grandkids, no parents, et cetera. Well, now
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here's what's going to start happening.
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It's going to go down the line.
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So what the law basically says is you would start
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by saying, all right, go up a generation to parents.
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But you don't have parents, so now you come down
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to your siblings. So the estate would end up going
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to your siblings. If you don't have siblings, or you
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have a deceased sibling, then that deceased siblings share, or
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if no siblings, then we're gonna talk. I mean, if
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you've had siblings, but maybe they've all predeceased you too, well,
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then nieces and nephews are going to be involved.
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So if you think about I tell clients to think
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of it.
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As like a Christmas tree. We're starting to come down.
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We kind of had my parents at the top. We're
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coming down to my siblings, We're coming down to nieces
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and nephews, et cetera. And so that's kind of this
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whole idea of this Christmas tree that I tell clients.
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But let's say you're an only child, so you don't
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have siblings, and your parents were only children, so there
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are no aunts and uncles involved, and so they're is
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literally no one in line to inherit your estate. In
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that case, the entire estate goes to, guess it, the
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star on top of the tree, which is the state
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of Michigan. And unfortunately, many clients find themselves in that
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situation today. They are only children of only children, and
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so there are no other relatives to receive the estate,
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and in that case, the estate would all go to
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the state of Michigan. And seldom do we ever have
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clients who look at us and say, hey, I want
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my estate to go to the state of Michigan when
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I die. Another consideration, who's going to be in charge
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of your estate?
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Well, without a will?
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Into state succession statutes in the state of Michigan say
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that it's the probate court who will appoint someone to
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be what's called your personal representative. So there's a statute
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that says who is in line to become that personal representative.
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That might not be a person that you want to
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be in charge, that might not be a person that
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would be a good person to be in charge. And
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so now you might have a fight amongst your amongst
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your surviving family members in court over who it is
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that should be placed in charge of settling your state.
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And if you notice all of this that I just
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said points out another glaring fact about into state succession,
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and that means your estate is going through probate.
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Many clients, when we talk to them.
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About their goals if you will on their estate plan,
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one of the goals many many clients have is to
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avoid probate. Well, interstate succession has your estate going through probate.
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One more thing, though, what about minor children? So you
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have minor children and you die without having put an
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estate in place, and now your state is going to
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pass to those minor children by interstate succession. The other
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problem that you have, though, is that by not having
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an estate in place, a state plan in place, and
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quite frankly this would be where a will comes in place,
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you have not named a guardian for your minor children.
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You have not decided who they're going to live with
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if you die. In fact, it's Amanda and I have
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the situation quite often where we will have a young
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person sitting across the table from us during a consultation
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and they will look in and say, you know, I
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don't know why I'm even doing an estate plan because
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I don't own anything, or we don't own anything. All
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we have is a six month old baby. Well, the
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fact of the matter is that's the most important decision
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that you now have to make, and that is who
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is going to raise that six month old baby, or
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who is going to raise your minor children if you
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die again, If you haven't designated that in a will,
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then it's going to be the probate court who's going
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to make that call. And yes, probate courts, the judge
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is going to try and pick someone who seems suitable,
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but it might not be the person that you would
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have chosen, and unfortunately, in too many families, it could
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trigger family disputes. Let's say you and your spouse have
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both died and you have minor children. You might be
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setting it up where each of your respective families, your
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family or spouse's family are going to be arguing that
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they are the ones who are in the best position
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to raise the minor children. And you could have avoided
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all of that by having an appropriate will in place
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in which you named who the guardians would be that
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would be raising those children. So review some of the
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key takeaways from this conversation today about what happens if you.
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Die with it without a will. In Michigan.
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One, the state is going to decide who get your property,
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and again, it might not be who you choose to
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the probate court will decide who's going to be in
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charge of the process of settling year state. Again, that
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might not be the person that you would choose, and
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it might lead to family drama. Another takeaway, you lose
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the opportunity to make any specific gifts, so you might
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be thinking, well, I really want this particular asset to
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go to this particular individual. You're losing that opportunity because
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the State of Michigan has already decided where the estate's
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going to go to, and they're not going to be
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concerned about specific gifts.
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It might be.
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In fact, you might have thought, I want something to go,
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let's say to my step children, but the state of
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Michigan doesn't give your estate to your step children. Or
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maybe you have some charitable interest. I want a certain
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amount to my state to go to my church or
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go to the American Red Cross, whatever it is. The
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State of Michigan won't do any of that. Why because
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at the end of the day, if there's nobody take
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your state, who gets it that would be the state
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of Michigan. So you're losing the opportunity to maker specific gifts,
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You're losing the opportunity to avoid probate, and you could
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be losing the opportunity to protect a loved one's inherence.
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And most importantly, most importantly for many clients, you lose
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the chance to name guardians for your children. So those
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are all the things that could happen that will happen
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if you die without a will in Michigan and your
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state is now going to be subject to into state succession. Now,
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there are a lot of ways to avoid it. One, obviously,
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is to have a will, because if you have a will,
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that will is saying this is where I want my
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estate to go to. That will is saying this is
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who I want to be in charge of my estate.
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That will is also going to say who it is
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that you would want to be the guardians of your
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minor children. So all of those things can be accomplished
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simply by having a will. What can't be accomplished simply
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by having a will, though, is if one of your
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goals is to avoid probate. We've had a lot of
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discussion in previous episodes of Tuesday with Tom about why
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wills do not avoid probate, and if one of your
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goals is to have an estate plan that's going to
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avoid probate, you would learn if you have not listened
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to any previous episodes, that having a will in Michigan
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is not a probate avoidance strategy. So if you don't
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have a will, or your will is outdated, obviously the
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best time to fix it is today and a man
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and I would be truly honored to help you protect
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your loved ones, whether it means creating a brand new
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estate plan and a new will for you, or updating
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and existing one, or guiding you through the estate settlement
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and process during a very difficult time. We try and
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