In-Focus Advertorial | Published October 13, 2025
METRO DETROIT — Many people think getting a will avoids probate. This couldn’t be further from the truth – you should look at your will as the set of instructions for your probate estate. Nominating someone in your will to handle the affairs of your estate does not automatically give them any legal authority – that person must take your will to the probate court and ask a judge to give them the authority to carry out your wishes.
There is a better way! There are numerous probate avoidance tools available to you. Two very powerful options are a ladybird deed for real estate, and a living trust. A ladybird deed is a special deed recognized in Michigan, which essentially lets you add a beneficiary to your real estate. A trust is similar to a will in that it is a set of instructions for handling your estate, but the authority is granted to your nominee without the requirement of court involvement.
There are several other options for probate avoidance, such as naming beneficiaries on all investments, bank accounts, life insurance and similar assets. These designations should be made keeping in mind the bigger picture of your entire estate, how you want your wealth distributed among those people or causes you care about most. Pay special attention that you do not create unintended consequences or negate your own intent.
Remember that the first objective of probate is to make sure any creditors have the opportunity to make a claim against your assets, before any inheritance can be distributed. With probate avoidance planning, you can maximize the gifts you give and the legacy you leave behind. We recommend you work with an experienced estate planning attorney who can help you look at the bigger picture and create a plan that addresses your goals, rather than your creditors’!
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