When you create an estate plan, you expect it to spare your family from conflict after you pass on. However, trouble can begin when the documents you leave behind contain gaps, contradictions or technical flaws. Recognizing the errors that could appear allows you and the people you care about to avoid issues later on.
Outdated documents that invite conflict
A will you signed 15 years ago might not reflect the current situation of your family. If you later divorced, for example, Michigan law generally revokes provisions favoring your ex-spouse. The resulting distribution may not reflect your current wishes.
Conflicting paperwork creates a similar issue because your will does not control every transfer. If the document leaves an account to one child but the beneficiary form names another, the account will usually pass to the person listed on the form.
Overlooked assets that complicate administration
As your holdings change, some property may fall outside your estate plan. Examples include:
- Real estate you acquired after creating a trust but never transferred by deed
- Bank and investment accounts that remain titled solely in your name
- Digital property, including cryptocurrency, online accounts and stored files
- Vehicles, boats and other titled property without a joint owner or named beneficiary
Leaving an asset outside the trust does not necessarily change who receives it, but it can change how the transfer occurs. A pour-over will may direct the property into the trust after probate, while the absence of a residuary provision may cause Michigan intestacy law to govern the property’s distribution.
Drafting errors that undermine validity
Michigan requires a written will to carry your signature and those of two witnesses. Each witness must sign within a reasonable time after seeing you sign or hearing you acknowledge the document or your signature.
An interested person may contest the will based on improper signing, lack of capacity or undue influence. The court may then hear testimony and review other evidence before deciding whether to admit it, which might delay distributions and increase estate expenses.
An attorney can help draft language that reflects your wishes and identify unclear gifts, inconsistent names or missing alternatives. Counsel may also oversee the signing process and create a record of how you completed the will.