When you’ve become estranged from a family member, the last thing you want is for them to inherit your property by default. However, this is exactly what can happen without a clear, legally enforceable estate plan. Michigan’s intestacy laws—which apply when someone dies without a will—automatically direct assets to spouses, children, or other relatives, regardless of your personal relationship with them.
We regularly help individuals take control of their legacy through thoughtful, strategic guidance for creating an estate plan in Washtenaw County. If your priority is making sure an estranged relative doesn’t inherit from you, here are the steps you need to consider.
1. Create a Legally Valid Will
A will ensures your assets go where you want them to go. Without one, Michigan’s default inheritance laws take over—and estranged relatives may receive property even if you haven’t spoken in years.
Your will should:
Many people believe simply “leaving someone out” prevents them from inheriting. In reality, failing to mention a relative—especially a child—may open the door for the court to assume it was a mistake. Explicit language matters.
2. Use a Revocable Living Trust
A revocable living trust is the most effective tool to make sure your wishes are followed. A trust allows you to:
Because trusts are private documents, unlike wills filed with the probate court, they also enhance confidentiality and reduce opportunities for litigation.
3. Double-Check Beneficiary Designations
Even with a well-crafted will or trust, outdated beneficiary designations can override everything else. Certain accounts transfer directly to the named beneficiary, including:
If an estranged family member is still listed on one of these accounts, they may legally inherit those funds no matter what your will says. Regular reviews especially after major life events are critical.
4. Consider Using a No-Contest Clause
A no-contest clause discourages individuals from challenging your will or trust by stating that anyone who disputes the document forfeits their inheritance.
While not always enforceable in every scenario, Michigan courts generally uphold these clauses when drafted correctly. They’re particularly useful when you expect an estranged family member to contest your wishes.
5. Document Your Estate Planning Decisions
If you anticipate a dispute, additional documentation can strengthen your plan, including:
These steps help demonstrate that your decisions were intentional—not the product of confusion or outside influence.
6. Choose a Strong, Neutral Personal Representative or Trustee
Your personal representative or trustee will be responsible for carrying out your wishes. When estranged family dynamics are involved, choosing someone neutral and capable reduces the risk of conflict. A professional fiduciary or attorney can also serve in these roles when appropriate.
7. Update Your Estate Plan Regularly
Outdated documents are one of the leading causes of unintended inheritances.
Regular updates ensure:
We recommend reviewing your estate plan every 3–5 years or after any major life event.
Our firm has decades of experience helping clients navigate complex family dynamics through strategic estate plans in Washtenaw County. Whether you want to protect your assets, avoid litigation, or ensure an estranged relative does not inherit, we provide the guidance and legal tools needed to give you peace of mind.
We take a personalized, compassionate approach—recognizing that every family situation is unique and sometimes sensitive. Your estate plan should reflect your values and your wishes, and we’re here to make that happen.
An estranged family member should not inherit simply because the law defaults to them. With the right planning, you can ensure that your assets are managed and distributed exactly as you intend.
To learn more or schedule a consultation, contact Pear Sperling Eggan & Daniels, P.C. for trusted, experienced attorneys to help you with your estate plan in Washtenaw County.
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