What You’ll Learn in This Episode What a Holographic Will Is A handwritten Will, entirely, or mostly, in the testator’s handwriting , signed and dated Allowed in some states, including Michigan Often valid on paper, messy in reality Michigan’s Requirements (for validity) A handwritten Will is valid in Michigan if it: Is dated Is signed by the testator Has material portions in the testator’s handwriting That’s the bare minimum, not a guarantee that the document will do what you think. What a Will Actually Controls Not everything you own is governed by your Will. Some assets bypass probate entirely. Assets controlled by your Will: Individually owned property without a beneficiary designation Assets that bypass your Will: Jointly owned property Retirement accounts with beneficiary designations Assets with payable-on-death instructions Example: A 401(k) will follow the beneficiary designation, even if your Will says otherwise. If you want a change, update the form. Your Will does not override it. How to Structure a Handwritten Will (in an Emergency) Jill walks through a step-by-step handwritten format, including: Clear declaration of intent Definition of “Property” to simplify later references Appointment of an Executor and successor A single beneficiary and a clear backup A default clause referencing intestacy laws Plus a final affirmation sentence to prevent challenges to handwriting authenticity When Notarizing Helps Not required in Michigan But adds credibility and makes it harder to dispute the signature Requires a notary “block” with specific language Why Complexity Is the Enemy of DIY Wills The episode offers six pitfalls that almost always blow up handwritten Wills: Gifts to minors Attempting to create a trust Gifts to individuals that interfere with eligibility for government benefits Multiple beneficiaries Joint ownership of sentimental items Emotional or poetic language DIY Wills explode when they try to do too much. If you must write your own, keep it brutally simple . Resources & Links Visual guide: Probate vs. Non-Probate Assets Sample language for a Michigan handwritten Will Episode 36: When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos Episode 38: Why You Need (or Don’t Need) a Will Estate Plan Audit — Translate your lawyer-written Will into English and verify whether it does what you think: www.deathreadiness.com/audit Connect with Jill: Website: DeathReadiness.com Email:
[email protected] Learn more about Jill’s services Subscribe to the Death Readiness Dispatch! Submit a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.
