Why You Still Need an Estate Plan in Michigan, Even if You Don’t Have Children

Many people assume estate planning is about providing for kids. If you’re single, married without children, or your children are grown and independent, it’s easy to put it off.

But an estate plan does more than name heirs. It decides who manages your money and medical care if you can’t, who receives your home, cottage, land or savings, and who looks after your pets. Without one, Michigan law makes those decisions for you, and the result may not match what you want. Here’s what people without children in northern Michigan should know.

Who Inherits in MIchigan If You Have No Will and No Children?

If you die without a will, Michigan’s intestate succession rules decide who receives the property that passes through probate. When there are no children or grandchildren, the order generally looks like this:

• Married, no surviving parents: your spouse receives everything.
• Married, and a parent is still living: your spouse receives a set dollar amount (adjusted each year for inflation) plus three-quarters of the rest. Your parent or parents receive the remainder.
• Not married: your parents inherit. If they have passed, your estate goes to your brothers and sisters, and then to nieces and nephews.
• No close relatives: the estate can pass to more distant relatives, such as grandparents, aunts, uncles and cousins.

That order leaves out many of the people who matter most to someone without children: an unmarried partner, a stepchild, a close friend, a godchild or a favorite charity. Under intestacy, none of them receive anything. A will or trust is the only way to include them. Source: MCL 700.2102 and MCL 700.2103.

Who Handles Your Finances If You Can’t? (Power of Attorney)

An accident, stroke or illness can leave anyone unable to manage their own affairs. A durable power of attorney names the person you trust to pay bills, handle bank accounts and manage property for you. Being married doesn’t automatically give your spouse that authority over accounts in your name. And if you’re single, there’s no obvious person at all. Without a power of attorney, your family may have to ask the probate court to appoint a conservator, which takes time and money, and the court decides who serves. Michigan changed its power of attorney law in 2024. The Uniform Power of Attorney Act took effect July 1, 2024, and it applies to powers of attorney signed before and after that date. Older documents that were properly signed remain valid, but the rules for when they stay in effect have changed. If your power of attorney was signed before July 2024, it’s a good time to have it reviewed so banks and other institutions will accept it when it’s needed. Source: MCL 556.503.

Who Makes Medical Decisions? (Patient Advocate Designation)

In Michigan, the document that names someone to make medical decisions for you is called a patient advocate designation. It’s separate from a financial power of attorney, and the 2024 power of attorney law did not change it. Your patient advocate can speak with doctors, consent to or refuse treatment, and follow the wishes you’ve written down. Their authority starts only after your doctors determine you can’t participate in your own medical decisions. Michigan has strict signing rules. The designation must be signed in front of two witnesses, and close family members, heirs and certain care providers can’t serve as witnesses. Your patient advocate must also sign an acceptance before acting. Having an attorney prepare it helps make sure it holds up when your family needs it most. Source: MCL 700.5506.

Choose Who Receives What: Wills and Trusts

Without children, you have more freedom to decide where your estate goes, but only if you write it down. A will or trust lets you:

• Leave assets to a partner, friend, stepchild, niece or nephew, or godchild.
• Divide property unevenly, such as giving the family cottage to the sibling who uses it most.
• Support a cause you care about, from your church to a local animal shelter or land conservancy.
• Name the person you trust to settle your estate, instead of leaving it to whoever petitions the court.

In northern Michigan, that often includes property that carries memories: a cottage on the lake, hunting land, or a family farm. If several relatives would share it under intestacy, disagreements are common. A trust can spell out who keeps it, who can use it, and how costs are shared. A revocable living trust can also help your estate avoid probate, which keeps the process private and can make things faster for the people you leave in charge.

Plan for Your Pets

For many people without children, pets are family. Michigan law treats animals as property, so they can’t inherit money directly. But you can name a caregiver in your will and set up a pet trust to pay for their care. A Michigan pet trust can last for the rest of your animals’ lives. You choose the caregiver, set aside funds for food, vet care and boarding, and name someone to make sure the money is used as you intended. You can also say where any leftover funds go, such as a local humane society. Source: Michigan Trust Code, MCL 700.7408 (formerly MCL 700.2722).

Check Your Beneficiary Designations

Retirement accounts, life insurance and many bank accounts pass to the beneficiary named on the account, not through your will. These forms are easy to forget. An ex-spouse or a parent who has since passed may still be listed. Review them alongside your will or trust so everything points the same direction.

Keep Your Plan Current

An estate plan isn’t a one-time task. Review it every few years, and after major changes such as:

• Marriage, divorce or the death of someone named in your plan
• Buying or selling a home, cottage or land
• Moving to Michigan from another state
• A change in Michigan law, like the 2024 power of attorney update

Frequently Asked Questions

If I’m married with no kids, does my spouse automatically get everything in Michigan?

Not always. If one of your parents is still living, your spouse receives a set amount plus three-quarters of the rest, and your parent receives the remainder. A will or trust lets you decide.

What happens to my estate if I’m single with no children?

Without a will, it goes to your parents, then your siblings, then nieces and nephews. Friends, partners and charities receive nothing unless you name them.

Is a patient advocate designation the same as a power of attorney?

No. A patient advocate designation covers medical decisions. A durable power of attorney covers finances and property. Most people need both.

Do I need to redo my power of attorney because of the 2024 law?

Not necessarily. Properly signed older documents remain valid, but a review can confirm yours works the way you expect and will be accepted by your bank.

Can I leave money to my pet in Michigan?

You can create a pet trust that pays a caregiver you choose for your animal’s care for the rest of its life.

Talk to a Northern Michigan Estate Planning Attorney

The right lawyers. Right here. Harris Law’s estate planning and probate attorneys help people across northern Michigan put wills, trusts, powers of attorney and patient advocate designations in place, with or without children. We also help families plan for loved ones with disabilities through special needs planning. Call 231-347-7777 or request a free consultation.

This article is general information, not legal advice. Every situation is different; talk with an attorney about yours.