estate planning

Common Estate Planning Mistakes Michigan Families Make (and How to Avoid Them)

 

Many Lansing and Mid-Michigan families put off estate planning put off estate planning because it feels overwhelming or unnecessary. Others believe they’ve “handled it” with a simple will or online form. Unfortunately, small oversights can create big problems for loved ones later.

Here are some of the most common estate planning mistakes — and how to avoid them.

Mistake #1: Not Having Any Estate Plan at All

One of the most common mistakes is assuming estate planning is only for the wealthy or elderly. In reality, anyone who owns property, has children, or wants control over future decisions should have a plan.

Without one, Michigan law — not your wishes — determines what happens.

Mistake #2: Assuming a Will Avoids Probate

A will is an essential document, but it does not avoid probate. In Michigan, a will must still go through the probate court process, which can be time-consuming and public.

Additional planning tools may be needed to reduce court involvement.

Mistake #3: Forgetting Powers of Attorney

Estate planning isn’t just about what happens after death. If you become incapacitated and don’t have powers of attorney in place, your family may need court approval to manage finances or make medical decisions.

This can cause delays and unnecessary stress during emergencies.

Mistake #4: Relying on Joint Ownership Alone

Joint ownership can help property pass outside probate, but it can also create unintended consequences, including tax issues, creditor exposure, or family disputes.

Joint ownership should be part of a broader strategy — not the entire plan.

Mistake #5: Using Generic Online Forms

Online estate planning templates often do not account for Michigan-specific laws, blended families, or unique assets. What works for one family may cause legal problems for another.

A properly tailored plan offers far more protection.

How to Avoid These Mistakes

Working with an experienced estate planning attorney ensures your documents work together, reflect Michigan law, and truly protect your family.

Planning ahead gives clarity, confidence, and peace of mind.

 

What are common estate planning mistakes in Michigan?

Failing to create a plan, assuming a will avoids probate, and not updating documents are common mistakes Lansing families make.

Does a will avoid probate in Michigan?

No. A will must still go through probate court in Michigan.

Do I need powers of attorney in Michigan?

Yes. Without them, your family may need court approval to make financial or medical decisions.

Are online estate planning forms valid in Michigan?

They may be legally recognized but often fail to address Michigan-specific laws or complex family situations.

will and trust michigan

The Difference Between a Will and a Trust in Michigan

When planning for the future, two of the most common estate planning tools are a Will and a Trust. While they may sound similar, they serve different purposes — and understanding how they work in Michigan can make all the difference for your family’s peace of mind.

What Is a Will?

A Will (also called a Last Will and Testament) is a legal document that explains how you want your assets distributed after your death. It also names the person who will carry out those instructions — your personal representative or executor.

A Will can:
– Specify who receives your property or money.
– Name a guardian for your minor children.
– Express final wishes for personal items, pets, or charitable gifts.

However, a Will must go through probate in Michigan. That means the court oversees the process to ensure debts are paid and property is distributed correctly. While probate provides oversight, it can take time and add legal costs.

What Is a Trust?

A Trust, on the other hand, is a legal arrangement that holds and manages your assets for your benefit during your lifetime — and then transfers them to your beneficiaries after your death. A Trust can also be prepared ahead of time and only activate after your death. 

The most common type is a Revocable Living Trust, which lets you:
– Keep control of your assets while you’re alive and/or have greater control of your assets after your death.
– Bypass probate entirely, possibly saving your family time and expense.
– Keep your affairs private, since trusts are not a part of public record.
– Protect young or financially inexperienced beneficiaries by setting rules for how and when they receive their inheritance.

In short: a Will activates after death, while a Trust can be active both while you’re alive and after you pass.

Key Differences Between a Will and a Trust

FeatureWillTrust
Goes through probate✅ Yes🚫 No
Becomes public record✅ Yes🚫 No
Can Control assets during lifetime🚫 No✅ Yes
Names guardians for children✅ Yes🚫 Never
Takes effectAfter deathpon signing and upon funding the trust
Cost & complexityLower upfrontHigher upfront, but saves later costs

Do You Need Both?

In almost all cases, yes. A Will and a Trust work together:
– Your Trust manages and distributes assets efficiently.
– Your Will acts as a safety net for anything not titled in the Trust’s name and appoints guardians for minors.

We recommend that every person have a Will and can decide whether to add a Trust.Working with an estate planning attorney ensures your documents complement each other and reflect Michigan’s specific laws.

Which Is Right for You?

If you have young children, own property, or want to simplify things for your loved ones, a Trust can provide long-term protection and privacy. If your estate is smaller or straightforward, a Will may be enough — but it’s still vital to have a proper estate plan.

Every family’s situation is unique, and the best plan depends on your goals, assets, and family dynamics.

Plan Today to Protect Tomorrow

Whether you’re just getting started or updating an existing plan, Kallman Legal Group can help you design the right estate planning strategy for your family. We’ve guided Michigan families for decades in creating Wills, Trusts, and complete estate plans that protect what matters most.

📞 Contact us today to schedule your estate planning consultation.

Disclaimer: The information and materials you obtain at this site are not, nor are they intended to be, legal advice. We provide this information and materials for informational purposes only. You should consult an attorney for advice regarding your individual situation. We invite you to contact us regarding your individual situation. Contacting us does not create an attorney-client relationship. An attorney-client relationship can only be established with the express written consent of David A. Kallman or Stephen P. Kallman by means of a written fee agreement.

Probate in Michigan: What Families Need to Know (and How to Avoid It)

What Is Probate?

When someone passes away in Michigan, their property and debts don’t just disappear. In many cases, these matters must go through probate — a court-supervised process for settling an estate. While probate is sometimes necessary, many families want to avoid it because it can be slow, stressful, and expensive. The good news: with the right planning, you can often minimize or even bypass probate altogether.

Probate is the legal process of:

  • Proving a will is valid

  • Paying final debts and taxes

  • Distributing assets to heirs or beneficiaries

If the person had no will, Michigan’s intestacy laws determine who inherits. This can lead to outcomes the deceased may not have intended. It is always better for you to decide where your assets go after you pass away, rather than the government.

When Is Probate Required in Michigan?

Probate is not always needed. Michigan law provides some exceptions for small estates or property that passes directly to a surviving spouse. However, probate is typically required if:

  • The deceased owned real estate in their name alone

  • Bank accounts, vehicles, or other assets had no joint owner or beneficiary listed

  • The estate is worth more than $50,000 (as of 2025) without proper planning tools

Why Do Families Want to Avoid Probate?

Most people try to avoid probate for three big reasons:

  1. Time: Probate can take months or even years to complete.

  2. Cost: Court fees, attorney’s fees, and other expenses reduce the estate’s value.

  3. Stress & Public Record: Probate can create conflict among family members and makes financial details part of the public record.

How to Avoid Probate in Michigan

The best way to protect your loved ones from probate is through proper estate planning. Some of the most effective tools to attempt to avoid probate include:

  • Lady Bird Deed: Allows real estate to pass automatically to heirs without probate.

  • Revocable Living Trust: Keeps assets private, under your control, and out of probate court.

  • Beneficiary Designations: Naming beneficiaries on life insurance, retirement accounts, and bank accounts ensures they transfer directly.

  • Joint Ownership: Property held jointly with rights of survivorship passes directly to the surviving owner.

When Probate May Still Be Helpful

Probate isn’t always negative. In some cases, it provides structure and court oversight that can prevent disputes. For example, if there are significant debts, unclear instructions, or disagreements among heirs, probate ensures legal resolution of these issues.

Take the First Step Now

Avoiding probate doesn’t happen automatically — it requires planning in advance. By working with an experienced estate planning attorney, you can use the right tools to make sure your family is protected and your wishes are honored.

At Kallman Legal Group, we’ve helped Michigan families for decades with wills, trusts, and probate matters. Whether you want to prevent probate or need guidance navigating it, we’re here to help.

📞 Contact us today to schedule a consultation and start protecting your legacy.

 

Disclaimer: The information and materials you obtain at this site are not, nor are they intended to be, legal advice. We provide this information and materials for informational purposes only. You should consult an attorney for advice regarding your individual situation. We invite you to contact us regarding your individual situation. Contacting us does not create an attorney-client relationship. An attorney-client relationship can only be established with the express written consent of David A. Kallman or Stephen P. Kallman by means of a written fee agreement.

 

 

 

Kallman Legal Group Secures Dismissal of All Charges in Michigan “Alternate Electors” case

LANSING, MI – The Kallman Legal Group is pleased to announce that all felony charges against all 15 individuals in Michigan’s Republican “alternate electors” case have been dismissed. Lansing 54-A District Court Judge Kristen D. Simmons ruled Tuesday that prosecutors failed to present any evidence proving the defendants knowingly committed fraud or forgery when signing documents following the 2020 presidential election.

“This ruling is a complete vindication for our clients, who from day one have maintained that they acted legally, transparently, and in good faith,” said David Kallman, senior partner at Kallman Legal Group. “The Court recognized what we have argued all along: there was never any intent to defraud, and therefore no crime was committed.”

Judge Simmons emphasized that the prosecution’s own cooperating witness confirmed the Defendants believed they were acting properly and without fraudulent intent. The dismissal ends more than two years of highly publicized criminal proceedings. 

“This case should never have been brought,” added David Kallman. “Our client, Hank Choate, is a private citizen who volunteered his time because he believed it was the right thing to do. Instead, he was subjected to years of unwarranted legal jeopardy. Today’s decision restores his reputation and reaffirms the rule of law.”

Kallman Legal Group remains committed to defending constitutional rights, due process, and the rule of law in Michigan and across the nation.

If you have questions or need further information, please contact attorney David Kallman.

Download press release here.

Estate Planning / Probate

5 Essential Estate Planning Tools Every Michigan Family Should Know About

When most people hear the phrase estate planning, they think it only applies to the wealthy or elderly. The truth is, every family in Michigan can benefit from a clear plan. Estate planning isn’t just about distributing assets — it’s about protecting your family, reducing stress, and ensuring your wishes are carried out.

Here are five essential tools every family should understand:

1. The Lady Bird Deed

Michigan is one of the few states that allows a Lady Bird Deed, also called an “enhanced life estate deed.” This tool lets you keep full control of your property during your lifetime, while ensuring it transfers automatically to your chosen beneficiaries when you pass — without going through probate.

It’s a simple, cost-effective way to keep your home in the family and avoid court delays.

2. A Last Will and Testament

Your will is the foundation of an estate plan. It spells out who will inherit your property, who will care for minor children, and who will handle your affairs. Without a will, Michigan law decides these things for you — and it may not be the way you’d choose.

Even a basic will provides peace of mind and clarity for your loved ones.

3. A Revocable Living Trust

A trust can do more than a will alone. It allows you to manage and protect assets while avoiding probate. With a trust, you can set conditions for how and when your beneficiaries receive their inheritance, which is especially helpful for families with young children or complex financial situations.

Trusts also keep your affairs private — unlike probate, which is public record.

4. Powers of Attorney

Estate planning isn’t only about what happens after you pass away. Powers of Attorney ensure that someone you trust can step in if you’re ever unable to make decisions for yourself.

  • Financial Power of Attorney gives authority over money, bills, and property.

  • Healthcare Power of Attorney appoints someone to make medical decisions if you can’t.

Having these documents in place prevents confusion and costly legal battles.

5. Advance Healthcare Directive (Living Will)

While this tool is not used as often, a healthcare directive, sometimes called a living will, allows you to document your wishes for specific medical care in serious or end-of-life situations. This spares your family from making heartbreaking choices without your guidance.

By putting your preferences in writing, you maintain control — and relieve loved ones of unnecessary stress.

 

Disclaimer: The information and materials you obtain at this site are not, nor are they intended to be, legal advice. We provide this information and materials for informational purposes only. You should consult an attorney for advice regarding your individual situation. We invite you to contact us regarding your individual situation. Contacting us does not create an attorney-client relationship. An attorney-client relationship can only be established with the express written consent of David A. Kallman or Stephen P. Kallman by means of a written fee agreement.

Estate planning in Lansing MI

Including Digital Accounts in Your Estate Planning in Lansing, MI

Introduction
As more of our everyday lives shift online, it’s important to think about what will happen to your digital accounts after you’re gone. Email accounts, social media profiles, cloud storage, and even online banking contain information that matters. These accounts hold everything from important documents to personal memories.

In Lansing, MI, estate planning isn’t just about your house, car, or savings account anymore. It’s about your digital life too. Without clear instructions or plans in place, loved ones can be left dealing with confusion and roadblocks just trying to handle your online presence.

Taking steps now to include your digital accounts in an estate plan in Lansing can offer peace of mind. It helps prevent important information from getting lost and reduces the chance of added stress during a difficult time.


The Consequences of Not Having an Estate Plan for Digital Accounts

When there’s no plan for managing digital accounts, family members may run into several problems. These difficulties can turn into long-lasting challenges if not addressed ahead of time.

  • Access and Control Problems: Most platforms have strict privacy policies. Without consent or legal access, your loved ones might be unable to get into your accounts. That makes it hard to retrieve important content like banking information, sentimental photos, or saved messages.

  • Losing Valuable Information: Figuring out passwords and navigating account security settings can feel next to impossible. Some data might be permanently lost just because no one knew how to access it or even that it existed.

Imagine a family trying to recover years of vacation photos or legal documents stored in a cloud drive. Without a plan, those files may be locked behind multiple layers of security, unavailable when needed the most.


Steps to Include Digital Accounts in Your Lansing Estate Plan

You can tackle this type of planning with a few straightforward moves. Taking stock and giving instructions now creates clarity later.

  1. Identify and List Digital Accounts: Write down every account you use. This includes email, banking, streaming services, photo storage, online shopping profiles, and anything else tied to your identity or finances online. Organize them in one location — whether in a digital spreadsheet stored securely or a printed list in a lockbox. Include usernames and update this list regularly.

  2. Designate Access and Control: Decide who you trust to manage your accounts if you’re not able to anymore. Be specific in your will or trust about who gets access to what. Define what you want done with each account. Do you want your emails deleted? Should your social media accounts remain active or be memorialized? Making these preferences known helps avoid second-guessing later on.

Mapping your digital footprint can feel like a big step, but it removes ambiguity and pressure from your family. Having everything in writing makes it easier for them to handle your affairs without delays or confusion.


Legal Tools to Manage Digital Accounts in Michigan

Beyond creating a basic list and leaving instructions, legal tools can back up your intentions and make things official.

One useful option is a power of attorney. This document allows someone you choose — often a spouse, child, or trusted friend — to act on your behalf if you can’t make decisions. A durable power of attorney can specifically grant permission to access and manage digital accounts. This form stays valid even if you become mentally or physically unable to act on your own, giving clear legal authority to the person you’ve named.

Another option is trust administration. By placing digital assets into a revocable living trust, you’re giving a designated trustee clear control over how those assets are handled. This can include things like cryptocurrency, an online storefront, or cloud-based business files. The trustee carries out your instructions in the event of your passing or incapacity, without the need for court intervention.

Both tools help smooth the way for your loved ones. They provide legal access and reduce red tape, helping those closest to you carry out your wishes more easily.


Why You Need Professional Help for Estate Planning in Lansing, MI

Trying to keep track of so many factors — from financial assets to cloud accounts — can feel overwhelming. Estate planning isn’t one-size-fits-all, and details matter. Errors or unclear instructions can create legal delays or disputes.

In Michigan, state-specific laws influence how estate documents are written, managed, and enforced. That’s why working with someone experienced in estate planning in Lansing, MI can be so valuable. They bring an understanding of the local laws and know how to draft documents that hold up when they’re needed most. Learn more about Michigan’s approach to estate planning on the Michigan.gov Estate Planning Resources page.

Whether it’s adding specific language to cover digital assets or making sure your documents don’t conflict, a professional helps take the guesswork out of it. They’ll know what questions to ask and whether your plan covers everything it should.

Many people wait too long to set things in motion. But digital accounts continue to grow in number and importance. Missing just a few pieces can leave loved ones dealing with a tangle of digital roadblocks.


Secure Your Digital Legacy Today

Think about how much of your daily routine is tied to your online accounts — logging into financial apps, browsing cloud-stored photos, or checking shared work documents. These platforms hold important memories and essential resources.

Without a written plan, your family may be left wondering what to do with your online presence. They might not know which accounts exist, much less how to access or close them. On top of grief, they could also face legal and technical barriers, slowing down or even blocking the process entirely.

Taking time now to organize this part of your estate plan helps protect what matters and makes things easier down the line. Whether it’s ensuring access to critical files or making sure your photos and messages stay in the right hands, a little preparation goes a long way.

The key is to write down your wishes and line up the tools to make them happen. As online life expands, protecting your digital story becomes just as important as securing your home or bank account. The earlier you act, the more choices you have and the smoother it will be for your loved ones.

If you’re ready to take the next step toward protecting what matters most, Kallman Legal Group can guide you through every part of your plan, including how to handle your digital accounts. Learn more about how to create a clear and complete plan with help from professionals experienced in estate planning in Lansing, MI.


Disclaimer: The information and materials you obtain at this site are not, nor are they intended to be, legal advice. We provide this information and materials for informational purposes only. You should consult an attorney for advice regarding your individual situation. We invite you to contact us regarding your individual situation. Contacting us does not create an attorney-client relationship. An attorney-client relationship can only be established with the express written consent of David A. Kallman or Stephen P. Kallman by means of a written fee agreement.