Do you live outside the state of Michigan, but have children who live there? And are you wondering whether your out-of-state will is enforceable in Michigan? Or, if you have already created a will in Michigan, but you plan on moving someplace else, are you worried your Michigan will won’t be enforced in another jurisdiction? Allow me to give you a broad overview of wills in Michigan.
Estate Planning In Michigan and Moving Out-of-State
Regardless of where you live, or where you plan on moving in the future, planning for the future is important and responsible. A will and power of attorney are just a couple instruments that provide a game plan for your loved ones in the event that you are unable to take care of yourself or you die. Most states will recognize your Michigan will when you become a resident of another state. However, not all will. For example, Florida does not recognize “holographic” wills. Holographic wills are wills that are in a testator’s handwriting, dated and signed by the decedent; such wills do not require signatures from any witnesses. So it is always best to check with an attorney from a state that you are moving to so that you can determine whether any changes need to be made to your will, or whether a brand new will needs to be drafted to replace what already exists.
Is My Out-of-State Will Enforceable in Michigan?
Wills created in other jurisdictions are enforceable in Michigan as long as one of the following scenarios applies:
• The will complies with Michigan’s requirements for a valid will (in writing, signed by the decedent, signed by two witnesses; or in decedent’s handwriting, dated and signed by the decedent),
• The will is enforceable in the jurisdiction that it was created in, or
• The will is enforceable in the jurisdiction that the decedent lived in.
Get a Michigan Probate Lawyer
Of course, in no way does this blog cover every issue that may arise with respect to estate planning in Michigan. You should always contact an experienced attorney to discuss your particular situation because estate planning and drafting a will is important; it is a selfless act made for the benefit of your loved ones. If you need a will drafted, contact our office today. Our main office is in Sterling Heights, Michigan; and we are proud to serve the Metro Detroit area and beyond. Contact us for a free telephone consultation at: 586-268-2400. If you require additional information, please visit Michigan Probate Attorney.