Are some Wills better than others? Does a statutory free Will work in the same manner than the expensive Will that I paid my lawyer for? The answers are Yes and Maybe.
A statutory Will is a pre-printed form that a person simply fills in certain blanks. Michigan’s statutory Will can be found here. In Michigan, any Will that is executed in conformity with Michigan law is a valid Will. That includes Michigan’s statutory Will. It will get probated in the same manner as the expensive Will you paid for.
Michigan’s statutory free Will permits the following provisions:
(a) You can leave up to two cash gifts of any amount to people or charities.
(b) You can write a list of personal and household items, and name who is to
receive each item.
(c) You can select a personal representative to administer your property.
(d) You can appoint a guardian and conservator in case you and your spouse both
die before your children reach age 18.
Yes, I just provided you with a free Will that you could fill out and pay The Probate Pro nothing. However, I generally do not recommend using a statutory free Will.
Why?
Most importantly, only a qualified estate planning attorney can give you the advice necessary to ensure that you are making an appropriate Will and have thought about all of the important issues prior to signing the document. Mistakes happen all of the time which can lead to disputes, an expensive probate process, and frustrated family members. Paying a small fee for a valid Will provides peace of mind.
Michigan’s statutory free Will is very, very limited in its application. Also, there are some states that may not recognize Michigan’s free statutory Will.
The only time that The Probate Pro recommends the use of a statutory or free Will is in the event that a person does not have substantial assets, does not object to the limited options for disposing of their property, and cannot afford an attorney.