Many people don’t think about estate planning, or how to settle a deceased person’s estate, until something happens to make them realize how important these matters are. When you find yourself dealing with major life changes, you may suddenly realize how much you don’t know.

As an estate planning and probate law firm, we’re used to fielding questions about these areas of the law. If you’re wondering how to plan for your family’s future, or deal with a deceased family member’s trust or estate, you’re not alone, and you’ve come to the right place. Here are the top seven questions we often hear about wills, living wills, and inheritance.

What happens if I don’t have a will?

If you die without a will or estate plan in place, you are said to have died “intestate.” That means that instead of you deciding how your property should be distributed after your death, the state will decide. Every state, including Michigan, has laws dictating the order of intestate succession. Typically, closer relatives like spouses and children or parents will inherit first, then more distant relatives like siblings, grandparents, aunts and uncles, or cousins.

The biggest problem with intestate succession is that your estate will go to the people the state considers “close,” not the people you might actually choose to leave your assets to. And If you are married and have children, all of your money does not pass on to your spouse. Many people don’t realize this; instead, they just assume it all goes to their surviving spouse.

Even if you don’t mind the order of distribution under intestate succession, you’re still better off with a will. Intestate estates may take longer to settle and can require more court involvement and legal fees. Having a will also gives your loved ones peace of mind that your wishes are being carried out.

Do I need a lawyer to create a will?

You can certainly create a will without an attorney. The question is, should you? And the answer to that question, almost always, is a resounding “no.”

It’s easier than ever to create a will, thanks to online services. But you are not paying an attorney just for the document; you’re paying for their knowledge. That knowledge leads them to ask the right questions to understand what you are trying to achieve with your estate plan, and to ask the appropriate follow-up questions.

The reality is that you don’t know what you don’t know, and an estate plan that is right for your neighbor or friend is probably not right for you and your unique family. An attorney’s fee is an investment in your family’s security and peace of mind. Also, if there are problems with a will that you make yourself or with online help, they probably won’t be discovered until after you’re gone, when it’s too late to fix them. That will create additional stress on your family at a time when they are already grieving.

Can I avoid probate court if I have a will?

This is a common question based on a common misconception. Having a will does not avoid the probate process; both testate estates (those with a will) and intestate estates (those without a will) must go through the probate process.

If avoiding probate is important to you, there are ways to do it. One of the most popular is to create a living trust.

What’s the difference between a will, a living will, and a living trust?

All of these similar terms can be pretty confusing. But it’s important to understand the differences between them.

A will is also known as a “last will and testament.” It is a document that dictates the distribution of your property after your death, and you can also use it to name a guardian for your minor children and someone to manage your estate (personal representative) after your death.

A living will is a document that outlines your wishes for medical treatment in the event that you become incapacitated. It allows you to specify the kinds of treatment you do and do not want, ensuring that your wishes are honored and lifting the burden of difficult decisions from your loved ones’ shoulders.

Although many states, including Florida, do, Michigan does not recognize living wills as legally binding documents. Instead, Michigan provides for the designation of a patient advocate to make medical decisions for you if you cannot make them for yourself. If you have a living will, your patient advocate may use it to guide their decision-making, but they are not legally obligated to follow it. If you are not sure whether your state recognizes living wills, you should consult your estate planning attorney.

A living trust is a document that allows you to maintain control of your property while you are living and able, and seamlessly transfer control to a successor trustee if you die or become incapacitated. Assets in a trust do not have to go through probate if the trust is funded and used properly. You can specify that your trustee distribute assets held in trust after your death, or continue to manage them for your beneficiaries.

Depending on your circumstances, you may want a will, a living will, and a living trust as part of your estate plan.

Can I change or revoke my will after it has been signed?

Yes, you can change or revoke a will after it has been signed. Any changes must be in writing. Or you can destroy the will. You can even revoke or change a trust after you have created it, so long as the trust was not created to be irrevocable (if you’re not sure whether your trust is irrevocable, ask your estate planning attorney).

Can I completely disinherit a spouse or child in Michigan?

It depends. You can completely disinherit an adult child if you wish. It’s best, if that’s the path you choose, to be explicit about it in your will (“I deliberately make no provision for my daughter, Tracy Smith”) than to simply not mention the adult child. That avoids confusion about whether you really did intend to leave them out of your will.

You cannot, generally speaking, completely disinherit a spouse or a minor child, because Michigan law offers some protections for them even if your will dictates otherwise. That said, if your spouse has signed a valid prenuptial agreement waiving their rights to inherit, you may then be able to prevent them from inheriting from your estate. Or you can work with an experienced estate planning attorney to explore using a living trust to accomplish this goal.

It’s wise to talk to an experienced estate planning attorney about the reasons you want to disinherit a spouse or child, and the implications of those efforts. Your attorney can help you achieve your goals while minimizing unintended consequences, such as creating conflict between your surviving children. If you do decide to disinherit an adult child, your attorney can make sure you do so in a way that is clear and avoids challenges to your will or estate plan.

Work with an Experienced Michigan Estate Planning Attorney

If you have a question that wasn’t answered here, it may be time to speak with an attorney who can discuss how the law applies to your unique situation.