Thanks for your detailed reply Rachel. Currently in my life, it is as simple as it gets. I have never been married and have no kids. If anything ever happens to me, I simply want my mother to have everything I own. That is it for me. As for my mother, she has a mobile home on 5 acres of land. She has a car that I actually bought for her several years ago. My mother also has one son, my brother but my brother has his own house and land. I live with my mother. We all three have sat down and discussed this. If my mother dies or I die, we simply wish to avoid probate court. That is why we wish to have a will. My mother is my beneficiary on my life insurance, all my bank accounts, and my life insurance. My mother only has a cheap $10K dollar life insurance policy to bury her with. That is pretty much it. My mother is on Social Security retirement so she really has nothing as far as bank accounts go. She has about $100 leftover in her account each month after she pays all her bills each moth. My brother and I (mostly me though) help her pay for Rx medicines and other things when needed.
You cannot avoid probate with a Will. The ONLY time a Will is used is in probate. You need something else, in order to avoid probate. What else that is depends on all the facts of your situation.
Ok, thanks James. The will will make the probate process easier though, correct?
@ Rachel, yes I am talking about two wills. One for my mother and one for myself.
In Michigan, it is not inherently cheaper or easier to probate an estate with a Will. You can nominate the personal representative in a Will, and that person would have higher priority to serve than an heir. Without the higher priority, you need to either get a waiver from the other people with equal priority, (such as your brother), or give them two weeks notice before you file the probate estate. It is not that big a deal. The better course of action, if it can be done, is to avoid probate. Michigan probate appears to be more costly and more of a hassle than Georgia probate.
Agreed. Get an attorney - it will be worth it in the long run.