Michigan Wills and Trusts Attorney

There's a Better Way.

A properly funded trust lets you skip probate entirely and stay in control. You decide where your assets go, when they get there, and who's in charge - whether that means protecting funds from in-laws, keeping money out of the hands of minors, or making sure a loved one is provided for responsibly.

Simasko Law also handles Special Needs Trusts.

These are appropriate when you want to provide for a beneficiary who either cannot handle the money themselves or will lose government benefits if they receive it. We can also draft a Special Needs Trust if you are the beneficiary of funds that would jeopardize the government benefits you are currently receiving.

What Happens Without a Plan

If you pass without a valid will or trust in Michigan, your estate is distributed according to state intestacy laws - which may have nothing to do with your actual wishes. The state doesn't know you wanted your daughter to have the house, or that you had a falling-out with a sibling. It applies a rigid formula regardless of your relationships or intentions.

Without a plan, your family may also face:

• A lengthy and expensive probate process with no clear direction
• Disputes among family members over assets, property, or who's in charge
• No designated guardian for minor children - leaving that decision to the court
• No protection for a beneficiary with special needs, addiction, or poor financial judgment
• Delayed access to funds at a time when your family needs them most

The absence of a plan isn't a neutral outcome. It shifts control away from you and your family and hands it to the court system.

Wills, Trusts, and the Bigger Picture

A will or trust doesn't exist in isolation. Effective estate planning means making sure all the pieces of your plan work together - and that no gaps exist that could expose your assets or create problems for your family.

At Simasko Law, we look at the complete picture: your trust documents, your Powers of Attorney, your beneficiary designations on retirement accounts and life insurance, the titling of your real estate, and how your plan coordinates with Medicaid planning, VA benefits, and broader asset preservation strategies.

A trust that isn't properly funded, or beneficiary designations that contradict your trust, can unravel an otherwise solid plan. We make sure that doesn't happen.

Common Mistakes We See and How to Avoid Them

Relying on a will alone. A will does not avoid probate. For most Michigan families, a revocable living trust is the more practical and protective solution.

Not funding the trust. A trust only works if assets are actually transferred into it. Many people create trusts and never complete the funding process - which means probate still applies. We make sure your trust is properly funded from day one.

Naming the wrong trustee or executor. The person you name to manage or distribute your estate matters enormously. A trustee who is dishonest, disorganized, or unable to work cooperatively with the rest of the family can cause serious problems. We help clients think through these decisions carefully.

Using DIY or online documents. Generic templates don't account for Michigan-specific laws, blended family dynamics, Medicaid eligibility, or the full range of risks you face. A poorly drafted document can create more problems than it solves.

Waiting too long. An unexpected illness or accident can leave your family without the legal tools to act on your behalf. Planning before a crisis is the only way to ensure real protection.

Letting documents go outdated. A plan created 10 or 20 years ago may no longer reflect your current assets, family situation, or the law. Marriage, divorce, the birth of grandchildren, the sale of a business, or the death of a named trustee can all require updates. We recommend reviewing your plan every few years, or after any major life change.

What the Process Looks Like

Step 1: Initial Consultation

We begin by learning about you - your family, your assets, your concerns, and your goals. We want to understand not just what you own, but who you're planning for, and what you're trying to prevent.

Step 2: Plan Design

Based on your situation, we'll recommend a specific combination of documents and strategies - whether that's a revocable living trust with supporting documents, a Special Needs Trust, an irrevocable trust for Medicaid planning, or some combination. We explain every element in plain language before you decide anything.

Step 3: Drafting & Review

We prepare all documents - trust agreements, wills, Powers of Attorney, healthcare directives, and any deeds or transfer documents needed - and walk you through everything before you sign.

Step 4: Execution & Funding

We oversee the signing of all documents to ensure they're properly executed, witnessed, and notarized. Then we help you fund your trust - re-deeding real property, retitling accounts, and updating beneficiary designations so your plan actually works as intended.

Step 5: Ongoing Support

Life changes. Laws change. We're available to review and update your plan over time, and we build lasting relationships with the families we serve. Our goal isn't just to complete a transaction - it's to be your family's trusted resource for as long as you need us.

Why Work With a Michigan-Based Estate Planning Attorney

• Michigan law is specific. Trust rules, probate procedures, Medicaid eligibility requirements, deed options like the Lady Bird deed - these vary significantly from state to state. What works in another state may not work here. We know Michigan law inside and out.
• Elder law experience matters. As elder law attorneys, we understand the unique challenges that aging clients face. We don't just draft documents - we think about how your estate plan intersects with long-term care costs, government benefits, and incapacity planning in ways that a general practice attorney may not.
• Precision protects you. Estate planning documents must be properly drafted, executed, and funded to be legally effective. A single error - a missing signature, incorrect titling, an unfunded trust - can render your entire plan unenforceable. We don't cut corners.
• We're here for the long term. Our clients aren't one-time transactions. We stay connected, conduct periodic reviews, and help families navigate the legal complexities that come with aging, illness, and loss. When something changes - in your life or in the law - we're here.

Don't leave your family to figure it out. Let Simasko Law put the right plan in place before you need it.