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In Michigan, both wills and trusts have their place in estate planning. A will is suitable for simple estates and clear asset distribution, while a trust is ideal for those seeking to avoid probate, retain more control over their assets, and ensure privacy.
No state law in Michigan prevents you from drafting your own living trust document. But, the document must meet the states requirements to be legally enforceable.
Michigan law has specific rules for establishing a trust. To create a trust, you must be at least 18 years old and mentally competent. This means you must be of sound mind, understanding the nature of your property, the identity of your family and friends, and the purpose of the trust you are creating.
You can prepare and sign a statutory will without help from a lawyer. Even though you can make a statutory will without a lawyer, you may still want to talk to one if you have questions or if your situation is complicated. If you prepare a will from scratch, you might make mistakes that could make the will invalid.
Creating a living trust in Michigan is straightforward but requires planning. While you can set it up yourself, hiring a lawyer is advisable if your estate is large or complex. Michigans Uniform Probate Code simplifies probate, making living trusts unnecessary for most with smaller estates.
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If you opt to hire an attorney, your total cost will depend on the attorneys rates and the complexity of your estate. You could end up paying from $2,000 to $8,000 to create a trust.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, weve seen first-hand how this critical error undermines so many parents good intentions.

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