Michigan estate planning red flags are more common than most families realize, and many of them don’t become visible until it’s too late—when a loved one passes away or becomes incapacitated. At our firm, we routinely see issues that cause probate delays, family disputes, and unnecessary legal costs. The good news: nearly all of these problems are preventable.

Here are the most common Michigan estate planning red flags we see and how to fix them before they create headaches for your family.

Common Michigan Estate Planning Mistake #1: Outdated Beneficiary Designations

Many people assume their will or trust controls everything; however, beneficiary forms override most estate documents. As a result, outdated forms can accidentally leave assets to an ex-spouse, bypass children, or force accounts into probate.

Additionally, many forms lack contingent beneficiaries, which leads to delays.

Outbound resource:
https://www.dol.gov/agencies/ebsa

Fix: Review every 2–3 years.

Common Michigan Estate Planning Mistake #2: Using Joint Ownership Instead of a Real Plan

Many parents place an adult child—often the oldest—on their bank accounts or home title. They believe this will simplify inheritance. However, Michigan law gives the surviving joint owner full ownership, regardless of any verbal “instructions.”

For example, a parent may say, “They know what to do with it,” yet the child has no legal obligation to share. Moreover, outside influences such as a spouse or friend often change the outcome.

As a result, these situations frequently end up in probate court.

Fix: A Michigan living trust ensures fair, private, and conflict-free distribution.

Common Michigan Estate Planning Mistake #3: Unfunded or Partially Funded Living Trusts

Creating a trust is helpful. However, failing to transfer assets into it renders it ineffective. Additionally, unfunded trusts often force families into probate even though the individual intended to avoid it.

Internal link opportunity:
Link living trust to your Michigan Trusts page.

Fix: Complete proper trust funding.

Common Michigan Estate Planning Mistake #4: Using Out-of-State Wills

Many people move to Michigan with wills drafted elsewhere. Although these documents may appear valid, they often conflict with Michigan probate law. Consequently, families face delays, additional costs, and court interpretation issues.

Outbound resource:
https://courts.michigan.gov

Fix: Have documents reviewed after relocating.

Common Michigan Estate Planning Mistake #5: Missing Incapacity Documents

Estate planning covers more than death. Without updated medical and financial powers of attorney, your family may need court approval to act on your behalf. Moreover, banks and hospitals frequently reject older documents.

Internal link opportunity:
Link powers of attorney to your relevant service page.

Fix: Refresh these documents every 5–7 years.

Common Michigan Estate Planning Mistake #6: Blended Families Without Clarity

Michigan blended families face unique challenges. Without intentional planning, assets may go to the wrong beneficiaries. Additionally, unclear instructions often create disputes between biological children and stepchildren.

Fix: Use a trust tailored for blended families.

How to Fix Michigan Estate Planning Problems Before They Occur

Fortunately, most red flags can be resolved quickly. Moreover, when documents are updated and coordinated properly, your loved ones avoid probate delays, financial confusion, and unnecessary stress.

Therefore, reviewing your plan regularly is one of the most important gifts you can give your family.

Internal link opportunity:
Insert link to johntatone.com

Schedule a Consultation to Protect Your Michigan Estate Plan

We help Michigan families:

✔ Identify hidden estate planning risks
✔ Update outdated documents
✔ Avoid probate
✔ Protect blended families
✔ Complete planning in three streamlined meetings

Schedule your consultation today to ensure your plan works when your family needs it most.

Contact us today to schedule your consultation.

We’ll help you choose the right strategy and ensure your home transfers smoothly to the people you love—without court involvement.

At John R. Tatone & Associates, we help Michigan families create estate plans that avoid probate, preserve family wealth, provide a fair distribution, reduce tax burdens, and provide peace of mind. With over 28 years of experience in estate planning and probate, we understand the unique needs of blended families, business owners, and professionals across Macomb, Wayne, and Oakland counties.  Visit www.johntatone.com or call (586) 580-8850 to schedule a free telephone consultation.