By Moshe B. Newman, Attorney · Published June 2026
“Do I need a will or a trust?” is the most common estate-planning question we hear, and the honest answer is that most Michigan families benefit from both — but the center of gravity is usually the trust. Here’s how to think about it.
A will names who inherits your property, names a guardian for minor children, and names the personal representative who will carry out your wishes. Its key limitation: a will operates through probate. By itself, a will does not avoid the public, court-supervised probate process.
A revocable living trust holds your assets during your life (you stay in control) and passes them to your beneficiaries at death without probate. For most Michigan families with a home and meaningful assets, that means:
Even with a trust, you generally sign a “pour-over” will. It acts as a safety net, catching any asset you didn’t move into the trust and directing it there, and it’s where you name a guardian for minor children (a trust can’t do that).
A trust only avoids probate for the assets actually titled in the trust’s name. An unfunded trust is an expensive document that does nothing. Properly funding the trust — retitling the house, accounts, and other assets — is where plans most often fall short. We handle funding as part of the engagement, not as an afterthought.
If you own a home, have minor children, want privacy, or want to spare your family probate, a trust-centered plan (trust + pour-over will + powers of attorney) is usually the right answer. If your estate is modest and below the small-estate threshold, a will alone may be enough. The only way to know is a short conversation about what you actually own and what you want to happen.
This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Laws and dollar thresholds change; figures current as of 2026. For advice on your specific situation, schedule a consultation.