When to Update Your Michigan Estate Plan (And How to Do It Yourself)

Creating an estate plan is one of the smartest things you can do for your family. But putting it in a drawer and forgetting about it can be almost as bad as having no plan at all. Life changes. Relationships shift. Laws get updated. If your estate plan does not keep up, the people you want to protect may not be protected when it matters. The good news is that updating your plan is usually simpler and cheaper than creating it in the first place.

How Often Should You Review Your Estate Plan?

Most Michigan estate planning attorneys recommend a review every three to five years, even if nothing obvious has changed. Think of it like a car inspection. You might not notice anything wrong from behind the wheel, but a look under the hood can catch problems before they become serious.

Beyond the scheduled review, certain life events should trigger an immediate update. If any of the events below have happened since you last looked at your estate plan, stop reading this article and go pull your documents out right now.

10 Life Events That Require an Update

1. You got married

Marriage changes your legal status in Michigan. Your new spouse gains inheritance rights under MCL 700.2102, including the right to the first $150,000 of your estate plus a share of the remainder. If your will was written before the marriage and does not account for your new spouse, they could challenge it. Update your will to include your spouse, and update your power of attorney and healthcare directive to name them if appropriate.

2. You got divorced

Under MCL 700.2801, divorce in Michigan automatically revokes any provisions in your will that benefit your ex-spouse. That part is handled for you by law. But here is what the law does not automatically fix: beneficiary designations on life insurance, retirement accounts, and bank accounts. If your ex is still named as beneficiary on your 401(k), they will still get the money regardless of what your will says. Update every beneficiary designation immediately after a divorce.

3. You had a child (or adopted one)

New children need to be named in your will. Michigan law does provide some protection for children born after a will is created (called "pretermitted heirs" under MCL 700.2302), but relying on the default law instead of a clear plan is risky. You also need to name a guardian for minor children in your will. If you do not, a judge will pick one for you.

4. A beneficiary or executor died

If someone named in your will, trust, or power of attorney has passed away, you need to name a replacement. This includes beneficiaries, your personal representative (executor), your trustee, your agent under a power of attorney, and your patient advocate under a healthcare directive. Without an update, the court will appoint someone, and it may not be who you would have chosen.

5. You bought or sold a house

Real estate is often the biggest asset in an estate. If you bought a home since your last update, it needs to be addressed in your plan. If you have a trust, the new property needs to be funded into the trust. If you sold a home that was specifically mentioned in your will, the bequest is meaningless and the proceeds need to go somewhere. A Lady Bird deed may also be worth considering to keep the new property out of probate.

6. Your financial situation changed significantly

Major changes in wealth — an inheritance, a business sale, a large debt, or retirement — can all affect how your estate should be structured. The distribution percentages that made sense when you were working might not work in retirement. An inheritance might push your estate above the threshold where different planning strategies apply.

7. You moved to or from Michigan

Estate planning laws vary significantly from state to state. If you moved to Michigan from another state, your existing documents may not comply with Michigan requirements. For example, Michigan has specific witness requirements for wills under MCL 700.2502 and adopted a new Uniform Power of Attorney Act in 2024 with different default rules. If you moved out of Michigan, your Michigan documents may need to be updated to comply with your new state's laws.

8. A relationship changed

You may have named your brother as executor ten years ago, but if you have not spoken in five years, he may no longer be the right choice. Family dynamics change. Friendships evolve. The person you trusted most a decade ago might not be the person you trust most today. Review the people named in every role: executor, trustee, guardian, power of attorney agent, and healthcare advocate.

9. Your health changed

A new diagnosis or a significant health event is a critical time to review your healthcare directive and power of attorney. Make sure your wishes for end-of-life care, life support, and organ donation are clearly documented. Make sure the person you named as your patient advocate is still the right choice and that they know your current wishes.

10. You simply changed your mind

You do not need a dramatic life event to update your plan. Maybe you want to leave more to one child and less to another. Maybe you want to add a charity. Maybe you realize your executor lives across the country and it would be more practical to name someone local. Your estate plan should reflect what you want right now, not what you wanted five years ago.

Codicil vs. New Will: Which Do You Need?

When it is time to update your will, you have two options under Michigan law.

A codicil is a separate document that amends your existing will. Think of it as a legal patch. You attach it to your will, and it changes only the specific provisions you want to change. A codicil must meet the same execution requirements as a will in Michigan: it must be in writing, signed by you, and signed by two witnesses.

A codicil makes sense when you are making minor changes:

• Changing a single beneficiary
• Replacing your executor
• Adding a small bequest
• Correcting an error

A new will is the better choice when you need to make extensive changes, when you have already added a codicil or two (multiple codicils create confusion), or when your life circumstances have changed substantially. When you create a new will, include the sentence "I revoke any prior wills and codicils" at the beginning. Destroy the old will and all copies to avoid confusion.

In most cases, we recommend creating a new will rather than a codicil. A single, clean document is easier for your family to follow and harder for anyone to challenge. With attorney-drafted templates available for under $100, the cost difference between a codicil and a new will is minimal when you do it yourself.

Updating Your Other Documents

Trusts: If you have a revocable living trust, you can amend it with a trust amendment (similar to a codicil) or restate the entire trust. A trust amendment is appropriate for minor changes. A full restatement, which replaces the entire trust document while keeping the same trust, is better for major changes. Either way, the key is that the amendment or restatement is signed and dated.

Power of Attorney: You cannot amend a power of attorney. To make changes, you must revoke the existing one and create a new one. The revocation should be in writing and delivered to anyone who has a copy of the old document, including your agent, banks, and financial institutions. Note that Michigan's new Uniform Power of Attorney Act took effect July 1, 2024, so if your power of attorney was created before that date, it is still valid but may not include the new default protections.

Healthcare Directive (Patient Advocate Designation): Like a power of attorney, you cannot amend a Michigan patient advocate designation. You must revoke the old one and create a new one. The revocation must be in writing and should be communicated to your patient advocate and your healthcare providers.

The Beneficiary Designation Trap

This is the mistake that costs more Michigan families money than almost anything else. Beneficiary designations on retirement accounts (IRAs, 401(k)s), life insurance policies, and transfer-on-death bank accounts override your will completely. It does not matter what your will says. The beneficiary designation controls.

Every time you update your estate plan, you must also update your beneficiary designations. Contact each institution directly. Verify who is currently listed. Change it if needed. Common problems include:

• An ex-spouse is still named as beneficiary (very common after divorce)
• A deceased person is listed as primary beneficiary with no contingent beneficiary
• A minor child is named directly (they cannot legally receive the funds)
• No beneficiary is designated at all (the account goes through probate)

Checking your beneficiary designations is free and usually takes a few phone calls or online form updates. Do it today.

Michigan Law Changes You Should Know About

Michigan estate planning law has seen some significant updates recently. If your documents were created before these changes, they may need attention:

• July 2024: New Uniform Power of Attorney Act. Michigan adopted new default rules for financial powers of attorney under MCL 556.201 through 556.505. Powers of attorney created on or after July 1, 2024 are automatically "durable" (remain valid after incapacity) unless the document says otherwise. Third parties like banks must accept a valid notarized POA within 7 business days.
• 2024: Small estate threshold increase. Michigan increased the small estate threshold significantly (from $27,000 to $50,000+), making it easier for families to avoid probate for smaller estates.
• Ongoing: Fiduciary Access to Digital Assets Act. If your estate plan was created before 2016, it likely does not include provisions for digital asset access. Without explicit authorization for content access, your executor can only see metadata (who you emailed, not what you wrote).

How to Update Your Plan Yourself

Here is the practical checklist for updating your Michigan estate plan on your own:

1. Pull out all your current documents. Will, trust, power of attorney, healthcare directive, and a list of all your beneficiary designations.
2. Review each document against the 10 triggers above. Mark anything that is outdated, wrong, or missing.
3. Decide: minor update or new document? If it is one or two small changes, a codicil or amendment may work. If it is more than that, start fresh.
4. Create the new or updated documents. Use Michigan-specific templates to make sure you meet all the legal requirements for execution, witnesses, and notarization.
5. Execute properly. Sign in front of two witnesses. Add a self-proving affidavit if possible. Have powers of attorney notarized.
6. Update all beneficiary designations. Every retirement account, life insurance policy, and bank account with a TOD or POD designation.
7. Distribute copies. Give the new documents to your executor, agent, patient advocate, and anyone else who needs them. Retrieve and destroy old copies to prevent confusion.
8. Set a reminder. Schedule your next review for three years from now, or whenever the next life event triggers one.

Keep Your Plan Current

An outdated estate plan can be worse than no plan at all because it creates a false sense of security. If your documents are more than three years old, or if any of the life events above have happened since your last review, now is the time to update.

Frequently Asked Questions

Can I just cross things out and write changes on my existing will?

Do not do this. Handwritten changes on a typed will are not valid under Michigan law unless the entire will is handwritten (a holographic will). Crossing things out, writing in margins, or making other informal changes will create legal problems and may invalidate the entire will. Either create a proper codicil or draft a new will.

Do I need to notify anyone when I update my estate plan?

You should notify your executor (personal representative), your power of attorney agent, your patient advocate, and any institution holding assets with beneficiary designations. For powers of attorney specifically, you should provide written revocation of the old document to any third party (banks, financial institutions) that has a copy. You do not need to file your updated documents with any court or government office.

What happens if I die with an outdated will?

Your outdated will is still valid, but it may not reflect your current wishes. For example, if your will leaves everything to your ex-spouse, Michigan law automatically revokes that provision after divorce (MCL 700.2801). But if your will does not mention a child born after it was created, the outcome depends on Michigan's pretermitted heir rules, which may not match what you wanted. An outdated will also increases the risk of a will contest from unhappy family members.

Is there a cost to updating my estate plan myself?

The main costs are the templates (under $100 for a will kit) and notarization ($5-$15 per signature). If you are simply updating beneficiary designations, that is free at most institutions. Compare this to an attorney updating your plan, which typically costs $300-$800 for a will revision and $500-$1,500 for trust amendments.