Macomb Estate Planning: Last month, three adult children came into my Novi office, worn out, frustrated, and arguing over their late mother’s home in Farmington Hills. Six months after her passing, they still couldn’t sell the house, access her bank accounts, or settle her affairs. Why? Their mother had passed without a proper estate plan.
“We thought Mom’s house would just automatically go to us,” one daughter said, tears in her eyes. “We had no idea we’d be stuck in probate court for over a year.”
After 28 years helping Michigan families with estate planning and probate law, I’ve seen this scenario play out hundreds of times. Adult children often assume everything will be simple but dying without a plan can turn what should be a straightforward inheritance into a stressful, expensive, and lengthy legal process.
If you’re a homeowner in Michigan between 40 and 70 and haven’t reviewed your estate plan or if your parents haven’t here’s why Macomb estate planning matters and why it should happen now.
Why Most Michigan Homeowners Age 40–70 Die Without Proper Planning
Studies from Caring.com show that nearly 60% of Americans don’t have a will or trust. In Michigan, the numbers are similar.
For families in this age group, the home often represents 50–70% of total estate value. Without a plan, that valuable asset may end up stuck in probate, costing money, time, and family harmony.
What Happens to a Michigan Home Without Estate Planning
Here’s a realistic timeline of what homeowners and their families face when an estate plan is missing:
Month 1–2: Shock and Scramble
Immediately after a loved one passes:
The home is legally frozen no selling, no moving in, no changes.
Someone must petition the Oakland County or Macomb County Probate Court to become the Personal Representative (executor), which involves:
Filing a petition
Paying court fees
Attending a hearing
Possibly posting a bond
Meanwhile, bills continue: property taxes, insurance, utilities, and maintenance must be paid out-of-pocket until reimbursed by the estate.
Months 3–6: Inventory and Creditor Period
Once appointed, the Personal Representative must:
Inventory all assets
Notify potential creditors (4-month waiting period)
File tax returns
Maintain the home
Resolve sibling disputes
Many families spend thousands maintaining an empty property while disagreements grow about selling, keeping, or dividing assets.
Months 7–12: Attempting to Settle the Estate
Even “simple” probate in Michigan can take 9–18 months. For a home, this means:
Selling requires court approval
One sibling may need to buy out the others but banks often won’t approve loans during probate
The property may deteriorate while vacant
Family relationships can suffer under stress and uncertainty
Month 12+: Closing the Estate
In the best-case scenario, probate ends after a year. In complicated cases, disagreements, creditor challenges, or title issues can stretch it beyond two years.
The True Cost of Probate Without a Plan
Homeowners aged 40–70 are often shocked at how expensive probate can be:
Direct Probate Costs:
Court filing fees: $300–500
Attorney fees: $3,000–7,000+ (hourly rates)
Personal Representative bond: $500–1,000 annually
Appraisal fees: $400–800
Publication costs for creditor notices: $130
At John R. Tatone & Associates, we offer fixed-fee probate and trust administration, so families know costs upfront.
Ongoing Property Costs During Probate:
Property taxes: $3,000–8,000+ per year
Homeowner’s insurance: $1,500–3,000 per year
Utilities: $200–400 per month
Lawn care/maintenance: $100–300 per month
Emergency repairs: frozen pipes, leaks, etc.
Hidden Costs:
Lost rental income
Property depreciation from vacancy
Forced sales due to market timing
Family conflict and damaged relationships
By the time probate is complete, families often spend $15,000–25,000 or more money that could have been avoided with proper Macomb estate planning.
Family Conflict Nobody Expects
Even close families fight during probate. In the example above, the three siblings spent six months arguing over:
Whether to sell the home or let one sibling buy it
How to divide personal property
Who should pay mounting bills
Why their mother hadn’t planned ahead
This wasn’t a dysfunctional family it was a normal family caught in an avoidable situation. I see similar scenarios every month in our Novi and Utica offices.
Michigan Intestacy Laws: Who Actually Gets the Home?
Without a will or trust, Michigan law decides inheritance. Many homeowners assume “everything goes to the children,” but intestacy laws can create surprises:
If married:
All children from the marriage: spouse gets first $150,000 + ½ of balance; children split remaining ½
Children from another relationship: spouse gets first $150,000 + ½ of balance; children from all relationships split the remainder
If unmarried:
Children inherit equally
If a child predeceased, their children (grandchildren) inherit their share
This can lead to co-ownership with a stepparent or grandchildren, complicating decisions about the home.
What Homeowners Age 40–70 Should Do: Estate Planning Solutions
Here are the most effective options to avoid probate nightmares:
1. Revocable Living Trust (The Gold Standard)
Home transfers immediately no probate
Full privacy
Clear instructions prevent family conflict
Management continues if a parent becomes incapacitated
Typical cost: $2,500–4,000
This is often the best choice for families seeking peace of mind.
2. Lady Bird Deed (Enhanced Life Estate Deed)
Parent keeps full control during life
Home automatically transfers to beneficiaries at death
Avoids probate entirely
Simple, cost-effective
Can change beneficiaries or sell anytime
3. Comprehensive Will (Minimum Protection)
Specifies who gets the home
Names the estate manager
Reduces family conflict
Speeds the probate process
Average cost: $1,500 (includes power of attorney, living will, HIPAA release, funeral directive)
Choosing the Right Option
Consider:
Total estate value
Number and complexity of assets
Family dynamics
Property in multiple states
Age and health
For most homeowners aged 40–70, I recommend a revocable living trust or a Lady Bird Deed to avoid probate.
Warning Signs Your Parents (or You) Need Planning Now
Over 60 and own a home
Will is over 5 years old or nonexistent
Never heard of a Lady Bird Deed
Widowed or divorced
Own property in Michigan and another state
Blended family or stepchildren
Health or cognitive issues
Recent major asset changes
Children live out of state
How to Start the Conversation
Estate planning discussions can feel uncomfortable. Try:
Focus on family protection:
“Mom and Dad, I want to make sure your wishes are honored and avoid court delays if something happens. Can we review your estate plan?”Provide objective resources:
Send them this article or link to a trusted website.Offer support:
“I can help gather information and even join a consultation if you want.”Frame it positively:
“This ensures we honor your wishes and avoid unnecessary family conflict.”
What We Do Differently in Novi and Utica
At John R. Tatone & Associates, we’ve spent 28 years helping families avoid probate nightmares. Our approach:
Free 20-minute consultation
Fixed-fee pricing for estate planning and probate/trust administration
Transparent, upfront costs no surprises
Meetings with parents and adult children together
Plain-English explanations
Most estate plans completed in 3 meetings/30 days
Over 500 estate plans and probate cases handled
The Bottom Line: Don’t Wait
The three siblings I mentioned? After 14 months in probate court, $19,000 in costs, and strained relationships, they finally sold their mother’s home.
“If only we’d had this conversation while Mom was healthy,” one daughter said.
Don’t let your family become that story. One unexpected illness, accident, or stroke could place your family in the same situation.
Take Action on Michigan Estate Planning Today
For Adult Children: Talk to your parents this week. Share this article and help them schedule a consultation.
For Homeowners Age 40–70: Protect your family. Estate planning isn’t just for you it’s for the people you leave behind.
Schedule a Free 20-Minute Consultation:
Call: 586-580-8850
Email: info@johntatone.com
Online: www.johntatone.com
Serving families throughout Oakland County and Macomb County, Michigan. Don’t wait start your estate planning today.