Michigan Wills & Trusts Built for Family Wealth & Continuity.

Custom revocable living trusts, irrevocable asset-protection trusts, pour-over wills, and business-equity trust funding engineered to keep your family and company out of probate court.

Wills, Trusts & Private Wealth ยท Lead Counsel: Reese Serra (P74482), Matt Wozniak, JD / CPA, Brian D. Harrison

Practice FocusWills & Trusts
Lead AttorneysReese Serra (P74482) & Matt Wozniak, JD / CPA & Brian D. Harrison
Controlling LawMichigan EPIC & Trust Code (MCL 700.7101)
Headquarters125 E. 3rd St, Suite 100, Rochester, MI

What is the difference between a will and a revocable living trust in Michigan?

A Michigan will only takes effect upon death and must pass through public county probate court administration under the Estates and Protected Individuals Code (MCL 700.2501 et seq.) to transfer titled assets. A properly funded Michigan revocable living trust (MCL 700.7101 et seq.) holds title during your lifetime, provides immediate successor trustee continuity if you become incapacitated, and transfers real estate, financial accounts, and LLC or corporate shares privately without probate delay.

Core legal counsel for wills & trusts.

Drafting precision, JD/CPA tax coordination, corporate entity alignment, and courtroom enforcement from our downtown Rochester team.

01

Revocable Living Trusts & Trust Funding

Drafting comprehensive Michigan revocable trusts paired with formal LLC membership assignments, corporate stock transfers, and real estate deeds so assets actually bypass probate.

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02

Irrevocable & Special-Purpose Trusts

Structuring irrevocable wealth-transfer trusts, spousal lifetime access trusts, life insurance trusts, and third-party special needs trusts balanced with IRC Section 1014 basis planning.

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03

Last Wills, Pour-Over Wills & Guardianships

Executing EPIC-compliant wills, pour-over wills that sweep residual personal property into your trust, and minor guardianship or conservatorship nominations.

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Controlling Michigan statutes & rules.

Every instrument, conveyance, and fiduciary appointment is drafted strictly to current Michigan statutory standards and federal tax authorities.

Michigan Statutory Authority 01

Michigan Trust Code (MCL 700.7101 to 700.7913): Governing trust creation, revocability, spendthrift creditor protections, trustee fiduciary duties, and private administration.

Michigan Statutory Authority 02

Michigan Wills & Execution Formalities under EPIC (MCL 700.2501 to 700.2519): Statutory witnessing, self-proving affidavits, pour-over transfers, and guardian nominations.

Michigan Statutory Authority 03

Internal Revenue Code Section 1014 & IRS Revenue Ruling 2023-2: Preserving stepped-up income tax basis on appreciated real estate and closely held business equity at death.

Michigan Statutory Authority 04

Michigan LLC & Corporate Transfer Alignment (MCL 450.4501): Synchronizing operating agreements and buy-sell provisions so trust assignments of business units remain enforceable.

Principal counsel at the table.

Work directly with senior Michigan attorneys who unite private-client estate architecture, CPA tax fluency, commercial real estate closings, and trial advocacy.

Complete Your Plan with Statutory Powers of Attorney

Pair your Michigan trust and pour-over will with Durable Financial and Patient Advocate Powers of Attorney so trusted agents can manage banking, business, and healthcare decisions during any lifetime emergency.

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Frequently asked questions: Wills & Trusts

Clear answers to the statutory, tax, and practical questions Michigan families and business owners ask most often.

Does signing a revocable living trust automatically keep my assets out of Michigan probate?

Only if the trust is properly funded. Real estate deeds, non-retirement investment accounts, and Assignments of LLC Membership Interest must be retitled or designated to the trustee; any asset left solely in an individual's name at death may still require county probate administration.

Why do trust clients still sign a Michigan Pour-Over Will?

A pour-over will acts as a statutory safety net to capture personal property or newly acquired assets inadvertently left outside your trust at death, and it is the legal instrument used under Michigan EPIC to nominate guardians for minor children.

How does a JD and CPA team improve trust design for business owners?

Transferring S-Corporation stock, partnership units, or appreciated commercial real estate into the wrong trust structure can terminate an S-election, trigger property tax uncapping, or forfeit a Section 1014 basis step-up. Our attorney-CPA review checks tax and corporate consequences before execution.

What if a family trust or will is facing a dispute in Oakland or Macomb Probate Court?

Unlike pure drafting boutiques, The Private Firm includes seasoned probate trial litigators who prosecute and defend contested wills, undue-influence claims, and trustee accounting actions across Southeast Michigan probate courts.

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