Michigan Estate Planning & Elder Law Blog | Elder Law & Articles | Foster Swift https://www.mielderlawblog.com/category/trusts Sat, 08 Aug 2026 12:36:53 -0400 Legal-Ease: Do I need to prepare a will after my spouse dies? https://www.mielderlawblog.com/do-i-prepare-will-after-spouse-dies-estate-planning Jonathan J. David do-i-prepare-will-after-spouse-dies-estate-planning Mon, 15 Jun 2026 09:00:01 -0400 DEAR JONATHAN: My husband passed away six months ago. We didn’t have much but everything we had we held in joint names. Consequently, upon the advice of a family member, we never bothered to prepare wills because we were told that the survivor of the two of us would own everything, so there was no need to have a will. Now that my husband is gone, do you recommend that I now have a will?

JONATHAN: I am very sorry for your loss.

Following your family member’s advice, while technically correct, could have been disastrous for you and your husband if you had both died in a common accident or if you had ...

]]> Does a New Trust Override an Old Will? https://www.mielderlawblog.com/does-a-new-trust-override-an-old-will Jonathan J. David does-a-new-trust-override-an-old-will Mon, 15 Sep 2025 09:00:02 -0400 Dear Jonathan: I recently prepared a trust that includes very specific provisions regarding the beneficiaries that I want to receive certain assets when I die. Does my trust override who I named as my beneficiaries in the will I prepared several years ago and the beneficiary that I named to receive the proceeds from my life insurance policy and inherit my retirement accounts?

Jonathan: No, and your question is a very good one. Beneficiaries can be named in a will, a trust or pursuant to a beneficiary designation. Failure to properly coordinate the naming of your beneficiaries in those ...

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