Legal Question in Wills and Trusts in Michigan

Re: Void a Will

If all your property is jointly owned, the will has no effect on the passing of the property at death. Also, you still need wills, in case all joint tenants die together, and simultaneously.

Regards,

Pat Prince

Re: Void a Will

Hello, I have received a copy of your post regarding voiding a will. That can be done by destroying it or writing "Canceled" on it. If you do that, please notify the person who drafted the will. You don't want any misunderstanding about whether the will is still in effect.

Having said that, I would discourage you from voiding it if it otherwise still does what you want it to do. First, what happens if both of you die? Second, what happens if there is an asset (car, employment benefit, etc) that ends up in an individual name? Third, what happens after one of you passes away? The survivor may very well need that will. Finally, I am assuming that there are no minors for whom guardians ned to be appointed.

The existence of a will does not mean that the survivor has to go through Probate Court if all of the assets are, indeed, held jointly. However, if there is an asset that ends up in a sole name, or if there are other reasons to have the will, it will be there. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)