A cautionary tale every adult child in Oakland and Macomb County needs to read.
Last month, I met with three siblings in my Novi office who were exhausted, frustrated, and fighting over their late mother’s home in Farmington Hills. Their mother had passed away six months earlier, and they still couldn’t sell the house, access her bank accounts, or settle her affairs. The reason? She died without an estate plan.
“We thought Mom’s house would just automatically go to us,” one daughter told me, tears in her eyes. “We had no idea we’d be stuck in probate court for over a year.”
After 28 years of practicing Michigan estate planning and probate law, I’ve seen this scenario play out hundreds of times. And it’s always the same: adult children who assumed everything would be simple discover too late that dying without proper Michigan estate planning creates a legal and financial nightmare involving their home and probate court.
If your parents are Michigan homeowners without a current estate plan, here’s exactly what happens—and why you need to have this conversation with them now, before it’s too late.
The Hard Truth: Most Michigan Homeowners Die Without Proper Planning
According to recent studies by Caring.com, nearly 60% of Americans don't have a will or trust. In Michigan, that percentage is similar. And for many families, their home represents 50-70% of their total estate value. When a Michigan homeowner dies without an estate plan, their home—and everything else they own—must go through probate court. And probate in Michigan isn't the simple process many families imagine.
What Actually Happens to the Michigan Home: The Probate Timeline
Here’s the reality of what you and your siblings will face when your parents die without Michigan estate planning:
Month 1-2: The Shock and Scramble Immediately after your parents' death, the family cannot access the home, sell it, or make any decisions about it. The property is legally frozen. Someone needs to petition the probate court to become the Personal Representative (executor), which requires: • Filing a petition with the Oakland County or Macomb County Probate Court • Paying filing fees • Waiting for a court hearing • Potentially posting a bond (which costs money) During this time, the house sits empty. But the bills don't stop. Property taxes, insurance, utilities, maintenance—someone has to pay these out of pocket and hope to get reimbursed later. Months 3-6: The Inventory and Creditor Period Once appointed, the Personal Representative must: • Inventory every asset your parent owned • Notify all potential creditors (this creates a 4-month waiting period) • Continue maintaining the property • File tax returns • Deal with disputes among siblings about what should happen to the house I've seen families spend thousands keeping up an empty house during this period, only to have disagreements about whether to sell it, who should get it, or how to divide the proceeds. Month 7-12: Attempting to Settle the Estate Even in "simple" cases, Michigan probate typically takes 9-18 months. For a house, this means: • The home cannot be sold without court approval • If one sibling wants to keep it, they must buy out the others—but banks often won't approve loans during probate • The property deteriorates while sitting vacant • Neighborhood property values may affect the home's worth • Family relationships suffer under the stress and uncertainty Month 12+: Finally Closing—If Everything Goes Smoothly In the best-case scenario, after a year or more, the probate court approves the final distribution and transfers the home to the heirs. In the worst cases I've handled, probate has stretched beyond two years when siblings disagree, creditors challenge claims, or title issues emerge. The Real Costs of Michigan Probate Without Estate Planning Families are shocked when they discover how expensive dying without a plan actually is: Direct Probate Costs: • Court filing fees: $300-500 • Attorney fees: $3,000-$7,000+ (probate attorneys typically charge hourly) • Personal Representative bond: $500-1,000+ annually • Appraisal fees: $400-800 • Publication costs for creditor notices: $130 A Note on Probate Attorney Fees: Most probate attorneys charge by the hour, which means families never know the final cost until it's over. The meter keeps running with every phone call, email, and court appearance. At John R. Tatone & Associates, we recently changed our approach—we now offer fixed-fee pricing for probate and trust administration cases. This means families know exactly what they'll pay from the start, with no surprise bills. After 28 years of watching families stress over mounting legal bills during an already difficult time, we decided transparency and predictability matter more than maximizing billable hours. Ongoing Property Costs During Probate: • Property taxes: $3,000-8,000+ annually (depending on home value) • Homeowner's insurance: $1,500-3,000 annually • Utilities: $200-400 monthly • Lawn care and maintenance: $100-300 monthly • Emergency repairs (frozen pipes, roof leaks, etc.) Hidden Costs: • Lost income if the property could have been rented • Property value depreciation from sitting vacant • Market timing—you're forced to sell when probate closes, not when the market is favorable • Family conflict and damaged relationships By the time everything is settled, families often spend $15,000-$25,000 or more in costs that could have been completely avoided with proper estate planning. The Family Conflict Nobody Expects in Michigan Probate Cases Here's something that surprises many adult children: even close-knit families fight during probate. The case I mentioned at the beginning? Those three siblings came to my office barely speaking to each other. They'd spent six months arguing about: • Whether to sell Mom's house or let one sibling buy it • How to divide Mom's personal property • Who should pay the mounting bills • Why Mom hadn't planned better One sibling felt entitled to live in the house because she'd provided care. Another wanted to sell immediately to pay off his debts. The third accused the court-appointed Personal Representative of mismanaging everything. This wasn't a dysfunctional family—it was a normal family put in an impossible situation by their mother's lack of planning. And I see versions of this story every single month in my Utica and Novi offices. Michigan Intestacy Laws: Who Actually Gets the Home Without Estate Planning When someone dies without a will or trust in Michigan, state law decides who inherits. Many adult children assume "it all goes to us," but Michigan's intestacy laws are more complex: If your parent was married: • If all children are from that marriage: spouse gets first $150,000 plus 1/2 of the balance; children split the remaining 1/2 • If there are children from another relationship: spouse gets first $150,000 plus 1/2 of balance; children from all relationships split the remaining 1/2 If your parent was unmarried: • Children inherit equally • If a child has died, their children (your parents' grandchildren) take their share What this means for the family home: A surviving spouse may not get the entire house. Children may end up co-owning property with a stepparent they barely know. Grandchildren may inherit portions, complicating every decision. None of this may reflect what your parent actually wanted—but without a plan, the state decides. What Your Parents Should Do Instead: Michigan Estate Planning Solutions to Avoid Probate After 28 years of helping families in Oakland County and Macomb County, I can tell you there are straightforward solutions that avoid all of this: Option 1: Revocable Living Trust (The Gold Standard) A properly funded trust means: • The home transfers immediately to beneficiaries—no probate, no court, no delays • Complete privacy—no public court proceedings • No gaps in management if a parent becomes incapacitated • Clear instructions prevent family conflict • Typical cost: $2,500-4,000 (far less than probate costs) Learn more about Michigan trusts and estate planning. Option 2: Lady Bird Deed (Michigan's Special Tool) Michigan offers a unique estate planning tool called a Lady Bird Deed (Enhanced Life Estate Deed): • Your parent retains complete control during their lifetime • The home transfers automatically to named beneficiaries at death • Avoids probate entirely • Simple and cost-effective. • Parents can change beneficiaries or sell the home anytime without anyone's permission Option 3: Comprehensive Will (Minimum Protection) While a will doesn't avoid probate, it does: • Specify exactly who gets the home • Name who should manage the estate • Reduce family conflict with clear instructions • Speed the probate process • Average Cost: $1,500, includes, power of attorney, patient advocate, HIPAA release for medical information, living will (when to terminate life support) and funeral directive. Read more about creating wills in Michigan. The Right Choice Depends on Your Parent's Situation: For most Michigan homeowners, I recommend either a revocable living trust or a Lady Bird Deed. The choice depends on: • Total estate value • Number and complexity of assets • Family dynamics • Whether they own property in multiple states • Their age and health status Warning Signs Your Parents Need Planning NOW Have this conversation with your parents if: ✓ They're over 60 and own a home ✓ Their will is more than 5 years old (or they have no will) ✓ They've never heard of a Lady Bird Deed ✓ They've been widowed or divorced since their last estate plan ✓ They own property in Michigan and another state ✓ There are stepchildren or a blended family situation ✓ One parent has health issues or cognitive decline ✓ They've recently acquired or sold significant assets ✓ Their children live out of state How to Start This Difficult Michigan Estate Planning Conversation I know talking to your parents about death and estate planning feels uncomfortable. Here's how to approach it: Don't make it about their mortality: "Mom and Dad, I was reading about how Michigan probate works, and I'm concerned about making sure your wishes are honored and that we're not stuck in court if something happens. Can we talk about whether your planning is up to date?" Share this article: Forward them this newsletter or send them to our website. Sometimes information from an objective third party (like an attorney) is easier to hear than from their children. Offer to help with logistics: "I'd be happy to help you gather information and even come to a consultation with you if you'd like support." Frame it as protecting the family: "I want to make sure we can follow your wishes without fighting or going through a long court process. Estate planning protects all of us." What We Do Differently in Novi and Utica At John R. Tatone & Associates, we've spent 28 years helping families avoid exactly these probate nightmares. We serve families throughout Oakland County (including Novi, Northville, Farmington Hills, and surrounding communities) and Macomb County (including Utica, Sterling Heights, and Shelby Township). Our approach: • Free 20-minute consultations to discuss your parent's specific situation • Fixed-fee pricing for both estate planning AND probate/trust administration—we recently changed our entire fee structure because families deserve to know exactly what they'll pay, with no surprise bills or escalating hourly charges. (uncontested cases only) • Clear, transparent pricing discussed upfront—no hidden costs • We meet with adult children and parents together if that's helpful • We explain options in plain English, not legal jargon • 3 meetings/30 Days - start to finish for most estate plans • We've handled over 500 estate plans and probate cases For Probate Cases Already in Progress: If you're reading this and your parent has already passed without proper planning, we can still help. Unlike most probate attorneys who charge unpredictable hourly rates, we offer fixed-fee probate administration. You'll know the total cost before we begin—no surprises, no escalating bills. We guide families through Michigan probate efficiently, minimizing costs, time, and family conflict. The Bottom Line: This Conversation Can't Wait I started this article with the story of three siblings fighting over their mother's home. Here's how it ended: after 14 months in probate court, $19,000 in combined costs, and relationships that may never fully heal, they finally sold their mother's house. "If only we'd known," one daughter said to me. "If only we'd had this conversation with Mom while she was healthy." Don't let your family become that story. If your parents are Michigan homeowners without an up-to-date estate plan, you're one accident, one stroke, one unexpected illness away from the same nightmare. The conversation is uncomfortable—but nowhere near as painful as watching your family go through unnecessary probate. Take Action on Michigan Estate Planning Today For Adult Children: Talk to your parents this week. Share this article. Offer to help them schedule a consultation. For Parents: If you're reading this and you're the homeowner in question—please, protect your children from this scenario. Estate planning isn't about you; it's about the people you leave behind. Schedule a free 20-minute consultation with our Novi or Utica office: • Call: 586-580-8850 • Email: info@johntatone.com • Schedule online: www.johntatone.com We serve families throughout Oakland County and Macomb County, Michigan. Don't wait until it's too late.