• Estate Planning Worksheet

    Please complete this worksheet to begin your estate plan. Skip any questions you do not know how to answer. Select the "submit" button at the end of the form to send it to our office.

  • Document Preparation

  • Estate Plan Type
  • Document Type

  • Individual Documents

  • Select the documents you want prepare:

  • Complete the following worksheet sections to draft a Last Will & Tesament:

    1. Section 1:  Contact information
    2. Section 3:  Children
    3. Section 5:  Specific Gifts
    4. Section 6:  General Gifts
    5. Survivorship Clauses
    6. Distribution Age
    7. Disinherited Persons
    8. Section 7:  Appointment of Trustee
    9. Section 8:  Appointment of Personal Representative
    10. Section 12: Disclosure of Electronic Communications 

  • Complete the following worksheet sections to draft a Revocable Trust:

    1. Section 1:  Contact information
    2. Section 3:  Children
    3. Revocable Trust Info
    4. Section 5:  Specific Gifts
    5. Section 6:  General Gifts
    6. Survivorship Clauses
    7. Distribution Age
    8. Disinherited Persons
    9. Section 7:  Appointment of Trustee
    10. Section 12: Disclosure of Electronic Communications 

  • Complete the following sections for all Revocable Trust Amendments:

    1. Section 1:  Contact information
    2. Section 3:  Children
    3. Revocable Trust Amendment Info

    Complete the following sections that are being changed with this Revocable Trust Amendment:

    1. Section 5:  Specific Gifts
    2. Section 6:  General Gifts
    3. Survivorship Clauses
    4. Distribution Age
    5. Disinherited Persons
    6. Section 7:  Appointment of Trustee
    7. Section 12:  Disclosure of Electronic Communications 

  • Complete the following worksheet sections to draft a Power of Attorney:

    1. Section 1:  Contact information
    2. Section 9:  Appointment of Agent Under Power of Attorney
    3. Section 12: Disclosure of Electronic Communications 

  • Complete the following worksheet sections to draft a Health Care Directive:

    1. Section 1:  Contact information
    2. Section 10:  Appointment of Patient Advocate for Health Care

  • Complete the following worksheet sections to draft an Appointment of Guardian:

    1. Section 1:  Contact information
    2. Section 3:  Children
    3. Appointment of Guardian

  • Complete the following worksheet sections to draft a Temporary Appointment of Guardian:

    1. Section 1:  Contact information
    2. Section 3:  Children
    3. Appointment of Temporary Guardian

  • Complete the following worksheet sections to draft an Appointment of Funeral Representative:

    1. Section 1:  Contact information
    2. Section 11:  Appointment of Funeral Representative

  • Complete the following worksheet sections to draft a Transfer-on-Death Assignment for Business:

    1. Assignment of Business Ownership

  • Complete the following worksheet sections to draft a Assignment of Personal Property:

    1. Section 1:  Contact Information
    2. Section 6:  General Gifts
    3. Assignment of Personal Property

  • Complete the following worksheet sections to draft a Revocation of Trust:

    1. Section 1:  Contact Information
    2. Revocation of Trust Information

  • Complete the following worksheet sections to draft a Certificate of Trust:

    1. Section 1:  Contact Information
    2. Certificate of Trust Information
    3. Section 7:  Appointment of Trustees

  • Core Estate Plans

  • Select the Core Estate Plan Number:

  • Plan 1:  Basic Estate Plan

    1. Last Will & Testament
    2. Funeral Directive
    3. Appointment of Guardian
    4. Power of Attorney
    5. Health Care Directive

    Plan 2:  Basic Estate Plan for Children

    1. Living Trust For Children (fund with financial assets) 
    2. Pour Over Will (to transfer probate assets to trust)
    3. Funeral Directives
    4. Appointment of Guardian
    5. Powers of Attorney 
    6. Health Care Directives

    Plan 3: Basic Estate Plan for Blended Families

    1. Last Will & Testament (for probate distribution of marital assets)
    2. Separate Trusts for Children (fund with separate financial assets)
    3. Funeral Directives
    4. Appointment of Guardian
    5. Powers of Attorney
    6. Health Care Directives

    Plan 4:  Probate Avoidance Plan

    1. Guide to Avoid Probate
    2. Ladybird Deed
    3. Assignment of Personal Property
    4. Assignment of Business Interest
    5. Last Will & Testament
    6. Funeral Directive
    7. Power of Attorney 
    8. Health Care Directive

    Plan 5:  Living Trust Plan

    1. Living Trust 
    2. Assignment of Personal Property
    3. Warranty Deed to Trust
    4. Business Beneficiary Designation Agreement
    5. Pour Over Will to Family Trust
    6. Funeral Directives
    7. Appointment of Guardian
    8. Powers of Attorney
    9. Health Care Directives

    Plan 6:  Living Trust Plan for Blended Families

    1. Living Trust (fund with marital assets)
    2. Assignment of Personal Property to Trust
    3. Warranty Deed to Trust
    4. Business Beneficiary Designation Agreement
    5. Separate Trusts for Children (fund with separate financial assets)
    6. Pour Over Wills to Family Trust
    7. Funeral Directives
    8. Appointment of Guardian
    9. Powers of Attorney
    10. Health Care Directives 

  • Basic Estate Plan for Children

  • Instructions to create a Basic Estate Plan for Children (Plan 2):

    1. Complete this worksheet to prepare a revocable trust, a pour-over will, appointment of guardian, power of attorney, health care directive, and appointment of funeral representative for a single person or both parents. 
    2. Trust funding documents (personal property assignment, deed, business assignment) will NOT be added. 

  • Basic Estate Plan for Blended Families

  • Instructions to create a Basic Estate Plan for Blended Families (Plan 3):

    1. Complete this worksheet to prepare a last will and testament, appointment of guardian, power of attorney, health care directive, and appointment of funeral representative for both parents.
    2. Complete a separate Estate Planning Worksheet for each parent to prepare individual trusts for their own children. 
    3. Trust funding documents (personal property assignment, deed, business assignment) will NOT be added. 

  • Living Trust Plan for Blended Families

  • Instructions to create a Living Trust Plan for Blended Families (Plan 6):

    1. Complete this worksheet to prepare a trust for the marital property of both parents.
    2. Complete a separate Estate Planning Worksheet for each parent to prepare a separate revocable trust funded with separate property for their respective children. 

  • Section 1: Contact Information

  • What is your marital status?*
  • Are both spouses joining in this estate plan?
  • Are both partners joining in this estate plan?
  • Gender
  • Gender of Spouse/Partner
  • Format: (000) 000-0000.
  • Format: (000) 000-0000.

  • Section 2: Estate Planning Objectives

    Please indicate your estate planning objectives. We use this checklist to ensure that we meet all of your goals.

  • Section 3: Children

    Please tell us about your children, if any.
  • Do you have natural or adopted children?
  • Do you have natural or adopted children from your current marriage?
  • Do you have natural or adopted children from your current partnership?
  • Does either spouse have natural or adopted children from a previous relationship?
  • Does either partner have natural or adopted children from a previous relationship?
  • Do you want to appoint a guardian for minor or disabled children?
  • How should stepchildren be treated with respect to property distribution?
  • Include afterborn or adopted children?

  • Appointment of Guardian

    A Guardian is responsible for the care of minor children if the natural parents are deceased or incapacitated. A Guardian may also be appointed for a disabled adult child. Appoint at least one Guardian if you have minor children or a disabled adult child.
  • Appoint co-guardians?

  • Appointment of Temporary Guardian

  • Appoint a temporary guardian to act for up to 6 months?
  • Appoint co-temporary guardians?
  • When will the temporary guardianship start?
     - -
  • When will the temporary guardianship end?
     - -

  • Section 4: Assets

    Select each type of asset that you own.
  • What is the approximate value of all assets checked above?

  • PLEASE NOTE:  In 2026, the exemption amount for Federal Estate Tax (FET) increased to $15 million per person ($30 million for married couples), and it will be adjusted annually for inflation in subsequent years. Only estates of a deceased person which are larger than the FET exemption are subject to estate tax. Fewer than 0.5% of all estates in Michigan are subject to FET. 

  • Estate Planning Roadmap

  • Estate Planning Roadmap

  • Estate Taxes

  • Are you a citizen or resident of the United States?
  • Are both spouses citizens or residents of the United States?
  • Is either spouse a citizen or resident of the United States?

  • A “resident” is a person who is domiciled in the US. A person is considered domiciled in the U.S. if they live in the country with the intention of making it their permanent home. This is a "facts and circumstances" test, looking at factors like where they live, work, vote, have family, and where their assets are located. A green card holder is often, but not always, considered a U.S. domiciliary

  • Do you expect the value of your estate at death to exceed $15,000,000?

  • Steps should be taken to reduce estate tax liability upon the death of both spouses. Options include the following:

    • Elect "portability" upon the death of a spouse to double the amount of federal estate tax exemption available to the estate (available to U.S. citizen spouse only)
    • Gift assets to family members outright or by using an irrevocable trust to reduce the value of your estate (annual exclusion amount of $19,000 per donee applies in 2025)
    • Gift assets to charity outright, through a donor advised fund, or by using an irrevocable charitable trust (not subject to annual limits)
    • Split ownership of assets to reduce their value in your estate
    • Prepare to pay tax liability with life insurance owned personally (taxable) or owned by an irrevocable trust (non-taxable)

  • Steps should be taken to reduce your estate tax liability. Options include the following:

    • Gift assets outright or through an irrevocable trust (annual exclusion amount of $19,000 per donee applies in 2026)
    • Gift assets to charity outright, through a donor advised fund, or by using an irrevocable charitable trust
    • Split ownership of assets to reduce their value in your estate
    • Prepare to pay tax liability with life insurance owned personally (taxable) or owned by an irrevocable trust (non-taxable)
  • Do you expect the value of your property located in the U.S. to exceed $60,000 at death?

  • Steps should be taken to reduce your estate tax liability. Options include the following:

    • Reduce ownership of U.S. assets
    • Gift U.S. assets outright or through an irrevocable trust (annual exclusion of $19,000 per donee applies)
    • Examine tax treaties with country of residence to determine if additional estate tax exemptions are available
    • Gift assets to charity outright, through a donor advised fund, or by using an irrevocable charitable trust
    • Split ownership of assets to reduce their value in your estate
    • Pay tax liability with life insurance owned personally (taxable) or owned by an irrevocable trust (non-taxable)
  •   FET Exclusion (2026) Marital Deduction Portability Election Amount of Property Taxed
    Umarried Citizen $15M  N/A  N/A  All property worldwide
    Umarried Non-Citizen (Resident) $15M   N/A   N/A  All property worldwide 
    Umarried Non-Citizen (Non-Resident) $60K   N/A   N/A  Only U.S. property 
    Married Citizens $15M each  Unlimited (automatic) Yes All property worldwide 
    Married Non-Citizens (Residents) $15M each  None (may use QDOT*) None for non-citizen spouse  All property worldwide 
    Married Non-Citizens (Non-Residents) $60K each  None None for either spouse  Only U.S. property 

    *Qualified Domestic Trust.  The purpose of a QDOT is to allow a surviving non-citizen spouse to take advantage of the unlimited marital deduction for purposes of federal estate tax (FET).  A QDOT is needed when the estate of the first spouse to die is worth more than $15M, and the surviving spouse is a non-citizen. The FET exclusion is applied to the first $15M of the decedent's estate, and the QDOT allows the balance of the estate to pass to the surviving non-citizen spouse without being taxed.  The tax on the QDOT is still due, but it is deferred until the death of the second spouse. The estate of the surviving spouse (even a non-citizen spouse who is a resident of the US) may also claim the FET exclusion upon death of the non-citizen spouse.   

  • Revocation of Trust Information

  • Revocable Trust Amendment Information

  • What number of amendment is this?
  • Do you want to change the trustees?
  • Do you want to change distribution of trust property?

  • Update the distribution of the entire trust estate, including specific and general gifts.  Do not use an amendment to add a Life Estate Trust, Cottage Trust, Special Needs Trust, or any other subtrust. Instead, use a Restatement of Trust to add more complex gifts.  

  • Certificate of Trust Information

  • Who will sign the Certificate of Trust?

  • Add the settlors names to Section 1 (Contact Information). The COT assumes that the settlors are also acting as trustees.  Add the successor trustee to Section 7 (Appointment of Trustee). Edit the document as necessary. 

  • Add the settlors names to Section 1 (Contact Information). The COT assumes that the settlors are not acting as trustee. Add the acting trustee or co-trustees to Section 7 (Appointment of Trustee).  Indicate whether co-trustees are appointed, and if they may act independently or jointly. Edit the document as necessary.

  • If the Trust owns an interest in real estate, you may add the property information to "Real Estate Deeds" section of this worksheet. Otherwise, you may add the real estate information to Exhibit (B) of the Certificate later.

  • Revocable Trust Information

  • Is this a restatement of an existing trust?
  • How may the settlors REVOKE the trust?

  • IMPORTANT NOTE:  A trust that may only be revoked JOINTLY will become irrevocable upon the death of EITHER settlor. Consider the following implications with respect to this estate plan:

    If the trust owns property upon the death of either settlor

    • The formalities of trust administration for irrevocable trusts must be observed (i.e. certificate of trust, notice to beneficiaries, and annual accountings).
    • The trust will continue as an IRREVOCABLE GRANTOR TRUST.
    • A new tax ID number should be obtained and separate reporting tax return should be filed.

    If the trust does not own property until the death of both settlors

    • The formalities of trust administration for irrevocable trusts are not required until the death of both settlors, or until the trust actually acquires property. 

    Also consider separate trusts or joint trustees for clients who wish to maintain a high level of post-death control over trust property.

  • Trust Revocation

    Individually:  Either settlor may revoke the trust during their lifetime or after the death of either settlor.  The trust becomes irrevocable after the death of both settlors.

    Jointly:  Both settlors must agree to revoke the trust during their lifetimes. If either settlor is incapacitated, then their respective agents under POA may consent to revocation on their behalf. The trust becomes irrevocable upon the death of either settlor.

  • How may the settlors AMEND the trust?

  • Trust Amendment

    Individually:  Either settlor may amend the trust during their lifetimes or after the death of either settlor.  The trust may not be amended after the death of both settlors.

    Jointly:  Both settlors must agree to amend the trust during their lifetimes. The trustees and beneficiaries may not be amended after the death or incapacity of either settlor, except for administrative provisions of the trust as necessary to carry out the intent of the trust. 

  • Section 5: Specific Gifts

    You may make specific gifts of cash, personal property, or real estate to one or more persons in the event of your death. If you are married, these gifts will take effect upon the death both spouses. All of the property that you do not list in this section will be distributed to the persons listed in the next section ("General Gifts").
  • Do you want to make specific gifts of cash, personal property, or real estate to one or more persons in the event of your death (and your spouse)?

  • Please describe the specific gifts of cash, personal property, or real estate in the box below.  We will discuss your instructions during our consultation. 

  • Draft specific gifts?

  • Specific Gifts

  • Select all that apply:
  • Select all that apply:

  • Cash Gifts

    Outright cash gifts for up to four beneficiaries.
  • How many cash gifts for this plan?

  • Cash Gift 1

  • Cash Gift 2

  • Cash Gift 3

  • Cash Gift 4

  • Cash Gift for Pet Care

    Designate a pet caregiver and cash amount to care for pets.

  • Intangible Personal Property Gifts

    Outright gift of intangible personal property (stocks, bonds, small business, accounts, or other intangible assets).
  • How many intangible property gifts for this plan?

  • Intangible Property Gift 1

  • Intangible Property Gift 2

  • Real Estate Gift

    Outright gift of a specific parcel of real property.

  • Option to Purchase Real Estate

    Grant an option to purchase real estate by optionee at a discounted price.
  • Does the purchase price include tangible personal property located on the premises?
  • Is the optionee prohibited from selling the property for a period of years?

  • Life Estate Trust

    Grant to life estate to a specific beneficiary.
  • Gender of life estate beneficiary
  • Who will pay taxes, insurance and utilities for the property?
  • Who will pay for maintenance and improvements to the property?
  • Will personal property located on the premises be retained for use by the beneficiary during the term of the trust?
  • What portion of the trust estate will be used to fund the life estate trust for property expenses or improvements?

  • Cottage Trust

    Create a trust to hold vacation property for use of family members.
  • What portion of the trust estate will be used to fund the cottage trust for property expenses or improvements?

  • Section 6: General Gifts

    Please identify the persons who will receive all of your remaining assets (other than the specific gifts above) in the event your death. If you are married, these gifts will take effect upon the death of both spouses. We will discuss this section in detail with you during our consultation.

  • First Beneficiaries

  • How many separate shares among the First Beneficiaries?

  • First Share For First Beneficiaries

  • Second Share For First Beneficiaries

  • Third Share For First Beneficiaries

  • Fourth Share For First Beneficiaries

  • Second Beneficiaries (Optional)

  • How many separate shares among the Second Beneficiaries?

  • First Share for Second Beneficiaries

  • Second Share for Second Beneficiaries

  • Third Share for Second Beneficiaries

  • Fourth Share for Second Beneficiaries

  • Third Beneficiaries (Optional)

  • How many separate shares among the Third Beneficiaries?

  • First Share for Third Beneficiaries

  • Second Share for Third Beneficiaries

  • Third Share for Third Beneficiaries

  • Fourth Share for Third Beneficiaries

  • Survivorship Clauses

  • Include definition of "Per Stirpes"?
  • Include definition of "Per Capita"?

  • Distribution Age

  • Do you want your property to be managed by a trustee until your children, grandchildren, or younger beneficiaries reach a specific age?

  • Monetary Gifts in Trust

    Create a trust to manage any monetary gift for a specific beneficiary.
  • Select all that apply:

  • Trust for Lifetime Distributions (SNT)

    Create a purely discretionary trust for a single beneficiary.
  • Gender of Beneficiary

  • Trust for Higher Education

    Create a trust for a single beneficiary to hold any monetary gift in trust for higher education

  • Trust for Period of Years

    This trust directs the trustee to distribute an adult beneficiary's share in equal amounts over a fixed period of years following the Settlor's death. For example, a ten (10) year trust would be distributed as follows: 1/10 in the first year; 1/9 in the second year; 1/8 in the third year, and so on, until the trust is fully distributed. The trustee may also make limited discretionary distributions to purchase a residence, pay for medical care, or pay for higher education expenses.
  • When should distributions to the beneficiary begin?

  • Trust for Monthly Payments

    This trust directs a trustee to distribute an adult beneficiary's share in equal monthly installments until the trust is either depleted or the beneficiary dies. The trustee may also make limited discretionary distributions to purchase a residence, pay for medical care, or pay for higher education expenses.

  • Disinherited Persons

  • Do you want to disinherit anyone to ensure that they will not receive any of your property?
  • What version of disinheritance should be applied?

  • Default: I/we have intentionally not provided any portion of the Probate/Trust Estate for _______________. I/we intend to disinherit _________ to the fullest extent permitted by law, including any inheritance rights that he/she/they may have by statutory allowance or familial succession.  All provisions of this Will/Trust shall be construed so as to fulfill my/our purpose and intent to completely disinherit ____________.

    Softer:  For reasons that are unrelated to my/our love and affection for ___________, I/we intend not to provide any portion of the Probate/Trust to him/her/them, whether by direct gift, statutory allowance, or familial succession. Therefore, all provisions of this Will/Trust shall be construed so as to fulfill my/our purpose and intent not to provide any part of the Probate/Trust Estate to ___________.

    Advance:  I/We have made substantial gifts to ________ during my/our lifetime. Therefore, in order to fairly apportion my estate among my/our beneficiaries, I/we have intentionally not provided for _______ in this Will/Trust. Therefore, all provisions of this Will/Trust, including any provisions which may refer to persons taking by statutory allowance or familial succession, shall be construed so as to fulfill my/our purpose and intent not to provide any portion of the Probate/Trust Estate to ___________.

  • Other Instructions or Questions

  • Are there any other instructions or questions regarding distribution of property that you would like to discuss?

  • Section 7: Appointment of Trustee

    A Trustee manages and distributes trust property for your beneficiaries (if a trust is part of your estate plan). Appoint at least one Trustee. This appointment should not include you or your spouse.
  • Is any trustee a professional or financial entity?
  • Appoint co-trustees?
  • How are co-trustees authorized to act together?
  • How should a trustee be paid for services?
  • Appoint a "Trust Director" to direct a trustee regarding investment of trust assets?

  • Trust Director

    A Trust Director is a person appointed to direct a trustee how to invest money held in a trust. A Trust Director is appropriate if a trustee will need guidance with investment decisions. Appoint a Trust Director and identify the trustees who are to be directed (the "Directed Trustees").

  • Revocable Trust Funding

  • Probate Avoidance Documents

  • Firearms

    Firearms are classified according to the National Firearms Act of 1934 (NFA). Listed NFA firearms are regulated by the ATF in accordance with the Act.
  • Do you own any of the following NFA firearms?
  • Do you have a NFA gun trust to hold these items?
  • Do you own any of the following Non-NFA firearms?
  • Include post-death instructions to handle Non-NFA firearms?

  • Assignment of Tangible Personal Property (TPP)

  • How much TPP will be distributed to the residuary beneficiaries of THIS Core Estate Plan?

  • TPP Options 

    ALL:  Select "All" to distribute all TPP to the beneficiaries of this Core Estate Plan.  

    NONE:  Select "None" to assign all TPP to a specific person or trust. For example, use this option if you are preparing a Probate Avoidance Plan, but the client wants all of his or her TPP to be distributed to a specifc person or trust.

    PARTIAL:  Select "Partial" to assign certain collections of TPP (by type and/or location) to a specific person or trust. 

    Examples of TPP collections:

    1. All firearms in my possession on the date of my death in any location.
    2. All personal property located at [address of property] and customarily used at that location.
    3. All farm implements, tractors, and related equipment located on my property in [county], Michigan, and which is customarily used for agricultural production.
  • Who is the assignee of all TPP?
  • Who is the assignee of this portion of TPP?

  • Assignment of Business Ownership

  • How many business entities for this estate plan?

  • First Company

  • Second Company

  • Third Company

  • Deeds for Real Estate

    Add up to three parcels of property to Core Estate Plans 4, 5, or 6. For more than 3 parcels, or for deeds between the clients, use a separate "Deed Worksheet". 
  • How many parcels of property for this estate plan?

  • Parcel 1

  • Parcel 2

  • Parcel 3

  • Section 8: Appointment of Personal Representative

    A Personal Representative (also referred to as a "executor") is nominated in a Last Will and Testament. The Personal Representative handles probate administration of an estate. Appoint at least one Personal Representative. A spouse is usually appointed first.

  • Personal Representatives for {Name1}

  • Appoint co-personal representatives?

  • Personal Representatives for {Name2}

  • Appoint co-personal representatives?
  • Review guardianship
  • Appoint co-guardians?

  • Section 9: Appointment of Agent Under Power of Attorney

    An Agent is appointed under a General Durable Power of Attorney to make financial decisions on your behalf if you are not able to do so. Appoint at least one Agent. A spouse is usually appointed first.

  • Agents for {Name1}

  • Appoint co-agents?
  • How are co-agents authorized to act together?
  • Will the power of attorney become effective immediately or only upon incapacity?
  • Who will determine when you are incapacitated?

  • Agents for {Name2}

  • Appoint co-agents?
  • How are co-agents authorized to act together?
  • Will the power of attorney become effective immediately or upon incapacity?
  • Who will determine when you are incapacitated?

  • Section 10: Appointment of Patient Advocate for Health Care

    A Patient Advocate is appointed in a Health Care Directive to make medical decisions on your behalf if you become incapacitated. A Patient Advocate may also terminate life support if you are terminally ill. Appoint at least one Patient Advocate. A spouse is usually appointed first.

  • Patient Advocates for {Name1}

  • Appoint the same persons that you selected as agents under power of attorney?
  • Appoint co-patient advocates?
  • Do you authorize organ donation for transplant?
  • Do you authorize organ donation for research?

  • Patient Advocates for {Name2}

  • Appoint the same persons that you selected as agents under power of attorney?
  • Appoint co-patient advocates?
  • Do you authorize organ donation for transplant?
  • Do you authorize organ donation for research?

  • Section 11: Appointment of Funeral Representative

    Your estate plan will include a document to appoint a Funeral Representative who is responsible to carry out your cremation or interment. You may also provide specific instructions for your funeral, interment or cremation in this section.

  • Funeral Representative for {Name1}

  • Appoint the same persons that you selected as patient advocates for health care?
  • Appoint co-funeral representatives?
  • Do you want to provide specific funeral instructions?
  • Do you want to be cremated?
  • How should your body be interred?

  • Human Burial Techniques

     

    Feature Traditional Burial Green Burial Natural Burial Entombment
    Embalming

    Common; uses formaldehyde-based fluids to temporarily preserve the body.

    		 Prohibited; body is kept cool via refrigeration or dry ice until burial. Prohibited; focuses on natural decay without chemical interference. Common; preservation is often desired to prevent odors/leakage in mausoleums.
    Casket/Container Metal or finished hardwood with synthetic linings and hardware.

    Biodegradable materials (wicker, seagrass, unfinished pine, or shrouds).

    		 Simple biodegradable shroud or plain wooden box; no metal or plastics. Specialized metal or heavy wood "sealer" caskets designed for mausoleums.
    Burial Vault  Required; concrete or plastic liner to prevent the ground from sinking. Prohibited; the body must have direct contact with the earth. Prohibited; allows for natural movement of nutrients into the soil. Not applicable; the casket is placed in a stone or concrete "crypt."
    Site Management  Manicured lawns, heavy landscaping, and upright stone monuments.

    Minimal landscaping; often integrated into a natural meadow or woodland.

    		 Strict conservation; site often looks like a wild forest or prairie. Indoor or outdoor structures (mausoleums); climate-controlled or ventilated.
    Grave Digging  Deep (typically 6 feet) using heavy machinery like backhoes. Shallower (approx. 3–4 feet) to maximize aerobic decomposition. Shallow (approx. 3–4 feet); often hand-dug to minimize soil compaction. Not applicable; placement is in a horizontal "drawer" or niche.
    Decomposition Significantly delayed due to embalming, metal caskets, and vaults. Rapid; the body returns to the earth within months to a few years. Natural and integrated; body becomes part of the local ecosystem. Very slow; anaerobic environment within a sealed casket and stone crypt.
  • Where should your body be interred?
  • When should your body be cremated?
  • How should your cremains be handled?
  • Where should your cremains be interred, dispersed or entombed?
  • What type of pre-funeral visitation or viewing do you request?
  • Where should the visitation, viewing or celebration be held?
  • What type of funeral or memorial services do you request?
  • Where do you want your funeral or memorial services to be held?
  • Do you want to add more instructions?
  • Draft Funeral Instructions

  • Funeral Representatives for {Name2}

  • Appoint the same persons that you selected as patient advocates for health care?
  • Appoint co-funeral representatives?
  • Do you want to provide specific funeral instructions?
  • Do you want to be cremated?
  • How should your body be interred?

  • Human Burial Techniques

     

    Feature Traditional Burial Green Burial Natural Burial Entombment
    Embalming

    Common; uses formaldehyde-based fluids to temporarily preserve the body.

    		 Prohibited; body is kept cool via refrigeration or dry ice until burial. Prohibited; focuses on natural decay without chemical interference. Common; preservation is often desired to prevent odors/leakage in mausoleums.
    Casket/Container Metal or finished hardwood with synthetic linings and hardware.

    Biodegradable materials (wicker, seagrass, unfinished pine, or shrouds).

    		 Simple biodegradable shroud or plain wooden box; no metal or plastics. Specialized metal or heavy wood "sealer" caskets designed for mausoleums.
    Burial Vault  Required; concrete or plastic liner to prevent the ground from sinking. Prohibited; the body must have direct contact with the earth. Prohibited; allows for natural movement of nutrients into the soil. Not applicable; the casket is placed in a stone or concrete "crypt."
    Site Management  Manicured lawns, heavy landscaping, and upright stone monuments.

    Minimal landscaping; often integrated into a natural meadow or woodland.

    		 Strict conservation; site often looks like a wild forest or prairie. Indoor or outdoor structures (mausoleums); climate-controlled or ventilated.
    Grave Digging  Deep (typically 6 feet) using heavy machinery like backhoes. Shallower (approx. 3–4 feet) to maximize aerobic decomposition. Shallow (approx. 3–4 feet); often hand-dug to minimize soil compaction. Not applicable; placement is in a horizontal "drawer" or niche.
    Decomposition Significantly delayed due to embalming, metal caskets, and vaults. Rapid; the body returns to the earth within months to a few years. Natural and integrated; body becomes part of the local ecosystem. Very slow; anaerobic environment within a sealed casket and stone crypt.
  • Where should your body be interred?
  • When should your body be cremated?
  • How should your cremains be handled?
  • Where should your cremains be scattered, buried or entombed?
  • What type of pre-funeral visitation or viewing do you request?
  • Where should the visitation, viewing or celebration be held?
  • What type of funeral or memorial service do you request?
  • Where do you want your funeral or memorial services to be held?
  • Do you want to add more instructions?
  • Draft Funeral Instructions

  • Section 12: Disclosure of Electronic Communications

    Michigan recently enacted the Fiduciary Access to Digital Assets Act. This statute prohibits your fiduciaries (i.e. an executor, agent or trustee appointed by you) from reading the content of your electronic communications (email, texts, posts, chats, etc.) without your consent. Please select an option below regarding the authority of a fiduciary to read your electronic communications.

  • Communications Disclosure for {Name1}

  • Do you authorize your fiduciaries to read the content of your electronic communications?

  • Communications Disclosure for {Name2}

  • Do you authorize your fiduciaries to read the content of your electronic communications?

  • Additional Documents

  • Select all that apply:

  • Go to Estate Planning Worksheet

  • Go to Irrevocable Trust Worksheet

  • Go to Real Estate Worksheet

  • Go to Estate Planning Worksheet

  • Go to Marital Agreement Worksheet

  • A marital waiver is used to mutually release all rights to both spouse's estate upon death so that their separate estate plans will be honored by each other and their family members.

  • Include a Marital Waiver?

  • Drafting Notes

    Enter special instructions for drafting.

  • Testamentary Capacity

  • Show definition of testamentary capacity?

  • Definition of Capacity

    MCL 700.2501. Mental capacity of testator to execute a will.

        (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.
        (2) An individual has sufficient mental capacity to make a will if all of the following requirements are met:

    (a) The individual has the ability to understand that they are providing for the disposition of property after death.
    (b) The individual has the ability to know the nature and extent of his or her property.
    (c) The individual knows the natural objects of his or her bounty.
    (d) The individual has the ability to understand in a reasonable manner the general nature and effect of signing the will.

    MCL 700.7601. Mental capacity of settlor to execute a revocable trust.

        The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

  • Does the client understand that they are providing for the disposition of their property after death?
  • Does the client know the nature and extent of their property?
  • Does the client know the persons who would be the natural objects of their bounty?
  • Does the client understand the nature and effect of signing their documents?

  • DO NOT PROCEED WITH THIS CLIENT'S ESTATE PLAN. 

  • Undue Influence

  • Show definition of undue influence?

  • Definition of Undue Influence

    The party alleging undue influence in the execution of a testamentary instrument must present evidence “that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act against his inclination and free will.” (Kar v Hogan, 399 Mich 529, 537 (1976)). Proof of motive, opportunity, or even the ability to control the grantor is not sufficient to establish undue influence in the absence of affirmative proof that it was exercised. Id.

    In re Karmey Estate, 468 Mich 68, 75 (2003).

    Presumption of Undue Influence

    A presumption of undue influence exists when evidence establishes (1) the existence of a confidential or fiduciary relationship between the grantor and a fiduciary, (2) that the fiduciary or an interest represented by the fiduciary benefits from a transaction, and (3) that the fiduciary had an opportunity to influence the grantor’s decision in the transaction. (Kar vs Hogan, 399 Mich 529, 537).

    Even when the presumption arises, the ultimate burden of proving undue influence remains on the party alleging that it occurred. Id. at 538. But the presumption satisfies the burden of persuasion, so if a party opposing the allegation of undue influence “fails to offer sufficient rebuttal evidence,” then the party alleging undue influence will have met its burden of persuasion, i.e., its burden of showing the occurrence of undue influence. Id. at 542. Generally, the fact-finder must assess whether sufficient evidence has been presented to rebut a presumption of undue influence. (In re Peterson Estate, 193 Mich App 257, 262 (1992))

    The presumption of undue influence cannot be applied to questioned documents that were created before the existence of a confidential or fiduciary relationship. Thus, the creation of a fiduciary relationship cannot shift the burden of persuasion with respect to undue influence that is alleged to have been exerted before the fiduciary relationship was created (Kar, 399 Mich at 537). 

  • Does the client appear to be subject to threats, misrepresentation, flattery, fraud, or coercion sufficient to overpower his or her free will?
  • Did you discuss the client's estate plan outside the presence of the person who may exert undue influence over them?
  • Did you confirm that the client's estate plan is the product of their own free will?
  • Is there an existing confidential or fiduciary relationship between the client and a person who has an "opportunity" to exert influence over them?
  • Does the confidant or fiduciary benefit from the client's documents to greater degree than would otherwise be expected?

  • Proceed with caution to ensure that the documents being drafted for the client are solely the product of his or her own free will. Document your precautionary steps in Drafting Notes. 

  • Document Signing

  • Will documents be signed in-office?

  • Attorney

  • Witnesses

  • Notary

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