Trust and pour over will being notorized.

In michigan, when you make a trust, a pour over will are connected. Does the pour over will and the trust have to be notorized? Can one be notorized and the other document not? Is there a michigan code about wills and trust being notorized

Detroit, MI -

Attorney Answers (3)

James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
Answered

It is not necessary for a Will to be notarized in Michigan, whether it is a "pour-over" Will or not. A Will that *is* notarized, could be a "self-proving" Will, which provides a presumption that the document was properly executed. But notarization is not required for a Will to be valid.

A Trust needs to be notarized.

And yes, the Michigan Estates and Protected Individuals Code, (EPIC),and the Michigan Trust Code list the requirements for proper execution of Wills and Trusts in Michigan.

James Frederick

I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice... more
Donald B. Lawrence Jr.

Donald B. Lawrence Jr.

Estate Planning Attorney - Lansing, MI
Answered

I agree with the prior answer. The question states "In Michigan, when you make a trust, a pour over will are connected." This is true if you mean that the pour over will directs that any probate assets, after the payment of debts, be paid over to the trust. They are two separate documents. They should not be "connected" in the sense of being joined into one document because one of the advantages of a trust is that the assets in the trust are not disclosed in a public record whereas when you file a will for probate, you must thereafter file an inventory with the court or present the inventory of probate assets to the court. This is required because the court charges a fee based on the gross value of the assets passing through the probate process. The means that someone who wants to know can at least get an idea of the total value of the probate estate and may be able to get detailed information of what those assets are.

Donald B. Lawrence, Jr. (P16463)* THE HUBBARD LAW FIRM, P.C.* DID 517-886-7115 Fax: 517-886-7129 Email:... more
Peter L. Conway

Peter L. Conway

Probate Attorney - Lapeer, MI
Answered

If you are trying to construct your own estate planning documents, you would be wise to hire an appropriately skilled lawyer to help you.
If you are trying to figure out something about existing documents, you would, again, be wise to hire an appropriately skilled lawyer to review the documents and listen to your concerns.

I am licensed to practice law in Michigan and Virginia. My office is in Lapeer. You should not rely on this... more

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