An Estate Planning Checklist for Michigan Families

Are you prepared for the unexpected? If you hesitated, you are in good company. Most families put off estate planning because it means thinking about illness, aging, and death, none of which anyone enjoys. Yet the questions are practical and answerable. Who makes medical decisions if you cannot? Who cares for your children? How do your belongings reach the people you want to have them? How will your family manage if you need long-term care?

This checklist walks through the main topics most families cover with an attorney. It is general information, not legal advice. Michigan has its own rules, and your attorney will tell you how they apply to your situation.

A will, and what it does

A will is a written statement of who should receive your property and, if you have minor children, who you would like to care for them. It can also name the person you trust to carry out your wishes. Without a will, state law generally decides who receives your property, and that may not match what you would have chosen.

A will is a good starting point for many families, but it is rarely the whole plan. Ask your attorney whether a will alone is enough for you or whether other tools make sense alongside it.

Trusts, and when they make sense

A trust is an arrangement where property is held and managed for the benefit of the people you name. People use trusts for many reasons: to manage assets for children or a family member who needs help, to keep family arrangements private, or to avoid probate. Trusts come in different types, and they are not right for everyone. A trust that is set up but never funded does little good, so ask how yours would be put into practice.

Healthcare decisions

One of the most valuable parts of a plan has nothing to do with money. If a serious illness or accident leaves you unable to speak for yourself, who will make medical decisions, and what would you want them to know? Estate planning generally includes documents that name a person you trust to make healthcare decisions and that record your wishes about treatment.

Planning for finances works in a similar way. A document can name someone to handle your bills and accounts if you cannot. Without these documents, your family may have to go to court to get authority, which takes time at an already hard moment. Talk to your attorney about which documents fit your situation.

Guardianship of your children

If you have minor children, this is often the item that matters most. Who would raise them if something happened to both parents? Who would manage any money you leave for them? These are not easy conversations, even with the person you have in mind. But naming a guardian in your plan can make an enormous difference to your children and to the adults who step in.

If a child has special needs, mention it, because the way property is left can affect benefits.

Planning for nursing home care and Medicaid

Many families do not think about long-term care until it arrives, and by then the choices can be narrower. Estate planning can include preparing for the possibility of future nursing home care and, when appropriate, applying for Medicaid. The rules for Medicaid are complicated and can change, so this is a topic where the advice of an attorney matters. Bring questions like these:

• How might long-term care affect our home and savings?
• What can we do now, and what should we avoid doing?
• How does Medicaid treat different kinds of property and income?
• How should a spouse's needs be considered?
• Who should have authority to help with applications and paperwork?

Avoiding probate, and what to bring to a meeting

Probate is the court-supervised process of settling a person's affairs after death. It can mean paperwork, waiting, and expense for the family. Some families want to avoid it where possible, and there are tools that may help. Whether and how to avoid probate depends on your property and your goals, so ask your attorney what makes sense for you. If a loved one has already passed, the firm also helps families through the probate process so that the last wishes of the person are kept.

Before you meet with an attorney, gather what you can of the following.

• A list of your property: home, land, vehicles, bank accounts, retirement accounts, insurance, and anything of special value
• Names and contact information for your spouse, children, and people you might name to act for you
• Any existing will, trust, or power of attorney documents
• Beneficiary forms on retirement accounts and life insurance
• Your wishes about who should care for your children
• Your wishes about medical care
• Your questions about long-term care, Medicaid, and probate

Do not worry if your list is incomplete. A meeting is a conversation, not a test. Once a plan is in place, plan to look at it again after big life events such as a marriage, a divorce, a birth, a move, or the loss of someone named in your documents.

Apple Street Law Office P.L.C. in Hastings helps families with wills and trusts, healthcare decisions, guardianship of children, distribution of property, nursing home planning, Medicaid applications, and avoiding probate. Consultations are free, seniors and veterans may qualify for discounted rates with proof, and the office offers evening and weekend appointments by appointment. Hospital and home visits are available if necessary. This article does not create an attorney-client relationship. To get started, call (269) 945-3512 and schedule your free consultation.