07/29/2025
No matter how many times I talk about this, the number one question I get is, "Do I need a Trust to keep my assets out of probate?" I get this question at least once a week. So, I want to touch on it again and assure people that if you live in Michigan, in most cases, a simple estate plan, with a Will and other estate planning tools, will keep your property out of probate. It will keep your assets and house away from creditors and the government. In the rare case it won't, I promise you, I will tell you and we will find the solution that best suits your needs. But almost always, a simple estate plan will meet your needs, and it doesn't need to be complicated or thousands of dollars (heck, it doesn't even need to be a thousand dollars).
To recap previous posts, here is why most estate plans don't need a trust to avoid probate.
1. Beneficiary Designations: Payable on death beneficiaries on your financial assets (retirement, savings, investment, etc.) go directly to the beneficiary and DO NOT go to probate court (creditors and government entities can only get what ends up in probate court)
2. The Lady Bird Deed: Michigan law allows for a “Ladybird Deed" that allows you to name death beneficiaries on your real estate while retaining 100% ownership of it while you are alive. Again, the beneficiaries receive the house upon death, and it skips probate.
The truth is, it's really not complicated to keep your stuff out of probate and to ensure your stuff goes to the people you want it to. My estate packages start at $625 for a single person and $700 for a couple. Message me here or call or text me at (810)394-0344) if you'd like more details.