Are Beneficiary Designations Protected in Michigan?

Michigan automatically revokes an ex-spouse as beneficiary at divorceMCL 700.2807Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Michigan as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.

Yes. Michigan automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesMCL 700.2807Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Michigan sets no spousal-consent requirement of its own for an individual account.

Michigan provides no specific creditor protection for inherited IRAsMCL 600.6023Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, a state without its own statute leaves it exposed in bankruptcy.

Yes. Michigan applies a per stirpes default to beneficiary designationsMCL 700.2709Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, that beneficiary's share passes to their descendants rather than to the other named beneficiaries.

Forms for Planning Your Estate in Michigan

Free forms for planning your estate in Michigan: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In Michigan, a will is signed before 2MCL 700.2502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCL 700.2502Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

Michigan requires 2MCL § 700.5506Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMCL § 700.5506Verified Oct 15, 2026View source.

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Financial Power of Attorney

Michigan treats a power of attorney as durable by defaultMCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source, and it is signed before 2MCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source witnesses or a notary.

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Tools for Planning Your Estate in Michigan

Free tools for planning your estate in Michigan: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Michigan runs $3,460Estimate: 10 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,190Estimate: 15 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $915Estimate: 3 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,830Estimate: 6 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Michigan, four years at a public university cost about $105,408NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Michigan costs an estimated $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Michigan, a surviving spouse takes the first $301,000 plus half of the restMCL § 700.2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationMCL § 700.2106Verified Sep 10, 2026View source.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Michigan runs $3,460Estimate: 10 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,190Estimate: 15 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Michigan runs $915Estimate: 3 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,830Estimate: 6 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Michigan, a parent names a guardian for a minor child in a will or a separate signed writingMCL 700.5202, 700.5204Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18MCL 722.52 (Age of Majority Act of 1971)Verified Sep 15, 2026View source.

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Michigan Estate Planning Resources

In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.