FREQUENTLY ASKED QUESTIONS

Your Questions, Answered

Everything you wanted to know about estate planning — without the legal jargon.

General Estate Planning

What is estate planning?

Estate planning is the process of organizing your affairs so your wishes are carried out — for your assets, your healthcare, and your loved ones — during your lifetime and after.

Do I really need an estate plan if I'm young?
What happens if I die without a will in Michigan?
Is estate planning only for wealthy people?
What documents are included in a basic estate plan? A: A foundational estate plan typically includes a Last Will & Testament, a Durable Power of Attorney for financial decisions, a Healthcare Power of Attorney, and an Advance Healthcare Directive. Many clients also benefit from adding a Revocable Living Trust to keep assets out of probate.
What documents are included in a basic estate plan?
How often should I update my estate plan?
Can I do my own estate planning online?

Wills & Trusts

What's the difference between a will and a trust?

A will goes through probate — a public court process that takes time and costs money. A trust stays private and transfers directly to your loved ones without court involvement.

Do I need both a will and a trust?
What is a revocable living trust?
Can I write my own will?
What is "funding" a trust — and why does it matter?
How much does a trust cost in Michigan?
Who should I name as trustee?

Powers of Attorney & Healthcare

What is a power of attorney?

A power of attorney is a legal document that authorizes someone you trust to make financial and legal decisions on your behalf if you become unable to do so.

What is a healthcare directive?
Who should I name as my power of attorney?
What happens if I become incapacitated without these documents?
Do I need a healthcare directive even if I'm healthy?
Who should I name as my patient advocate in Michigan?
Can my family make healthcare decisions for me without a directive?

Michigan Law

Does Michigan have an estate tax?

Michigan does not have a state estate tax. However, federal estate tax may apply to very large estates. For most Michigan families, planning for probate avoidance, asset protection, and family harmony is the bigger priority.

What is the probate threshold in Michigan?
How long does probate take in Michigan?
Does Michigan recognize handwritten wills?
I moved to Michigan from another state — is my old estate plan still valid?

Pet Trusts

What is a pet trust?

A pet trust is a legally enforceable document that sets aside funds and instructions for the care of your pet if you die or become incapacitated. Unlike leaving money to a caretaker informally, a pet trust legally obligates the trustee to use those funds for your pet's care.

Are pet trusts legal in Michigan?
Can I leave money directly to my pet in my will?
What can I specify in a pet trust?

Business & LLC

Why should I form an LLC for my business?

An LLC separates your personal assets from your business liabilities. If your business is sued or incurs debt, your personal savings, home, and other assets are generally protected.

What happens to my LLC when I die?
Do I need an operating agreement for my Michigan LLC?
Can 5 West Legal help with both my business formation and estate plan?

Probate Administration

What is probate?

Probate is the court-supervised process of administering a deceased person's estate — validating the will, paying debts, and distributing assets to heirs. It is public record and typically costs 3–5% of the estate's value.

Does every estate have to go through probate in Michigan?
Someone I love just passed away — what do I do first?
What does a personal representative do?

Our Process

How do I get started?

Book a Quick Connect call through our online calendar. We'll talk about your situation and figure out the best next steps together.

How long does it take to complete an estate plan?
Do I have to come into an office?
How much does estate planning cost?
Do you use AI to draft my documents?
What if I need changes after my plan is complete?
I'm not sure what I need — is that okay?

Still Have Questions? Let's Talk.