Legal Question in Wills and Trusts in Michigan

Re: Made a will when our children was little, now they are in there 30''s

When you make a new will, the new will takes precedence over the old will. The fact that the will is on file has no effect on the fact that the new will supercedes the old will. The filing of the will does not make it effective or legitimate. The filing only is for safekeeping. The county wil not allow you to retrieve the old will. It can only be retrieved upon your death. Therefore, see a lawyer and make out a new will. William S. Stern 248-353-9400

Re: Made a will when our children was little, now they are in there 30''s

Yes, you can have the will removed from storage at the county. As to the issue with the brother-in-law, it depends on the language of the will. If the will purports to set up a testamentary trust, then he could still exercise his fiduciary powers unless the trust has lapsed or you revoke that will. For more info, please contact my office at (248)851-3171.

Re: Made a will when our children was little, now they are in there 30''s

Yes, just go to the county clerk's office and ask for your will back. They will be happy to give it to you. In Michigan, there are many acts which conform with a revokation of the will, including tearing it up, crossing it out - even burning it. However, a subsequent will should contain language revoking the prior instrument. The simple act of including this language in a subsquent testimentary instrument will thereby revoke any prior instruments.