I'm Not Sure Whether I Need a Trust
Do I Need a Trust in Michigan?
Your accountant mentioned it. A colleague brought it up after going through their parents' estate. Or you've been researching Michigan estate planning, and a trust keeps coming up as the answer. But the more you look into it, the less clear it is whether a trust is actually right for your situation, or whether it's just what everyone seems to recommend.
You don't want the wrong structure. You also don't want to overpay for complexity you don't need.
A revocable living trust is the right structure if you want your estate to avoid Michigan probate court, keep your affairs out of public record, manage incapacity, or protect a beneficiary with special needs. A will plus beneficiary designations is enough for simpler estates with no real estate or special-needs concerns.
What Is a Michigan Revocable Living Trust?
A Michigan revocable living trust is a legal entity you create during your lifetime to hold your assets, governed by Michigan's Trust Code (MCL 700.7101 et seq.) and specifically the revocable trust provisions at MCL 700.7602. Assets titled to the trust avoid Michigan probate court, remain private, and pass to your beneficiaries under the terms you set. You keep control during your lifetime and can amend or revoke the trust anytime.
What Determines Whether You Need a Trust in Michigan
The question is hard to answer because the answer depends on what you own, how it's titled, what you want to happen, and what you want to avoid. Any of these might apply to your situation:
You want to keep your estate out of Michigan probate court
You want your financial affairs to stay out of public record
You want assets to reach the right people without court involvement
You want someone to step in and manage your affairs if you become unable to
You want to reduce tax exposure (in certain situations, though Michigan has no estate tax and no inheritance tax, so this is mostly federal planning above the $15M federal exemption per person, 2026)
You have a beneficiary with special needs and need to preserve government benefits
You want to control how assets are distributed over time (not all at once at age 18)
If you are deciding between a will and a trust, the simplest version of the answer is this: a will tells a Michigan probate court what you want; your estate still goes through court. A properly funded trust, governed by Michigan's Trust Code (MCL 700.7101 et seq.), does not.
Common Mistakes Michigan Families Make With Trusts
Many do online research and guess. Trusts are not one-size-fits-all. Michigan recognizes revocable living trusts, irrevocable trusts, special needs trusts, charitable trusts, and more, each designed for a different purpose and with distinct legal and tax implications under MCL 700.7402 (trust creation) and MCL 700.7602 (revocable trusts). Getting the wrong type of trust, or the right type structured incorrectly, creates problems that often don't surface until the trust is needed, and by then, fixing it is expensive. Some unwinding can't be done at all under MCL 700.7411–7417.
Others ask a non-specialist for the recommendation. Trusts intersect with tax planning, real estate titling (including Michigan-specific Lady Bird deeds, which are recognized by practice and case law without a dedicated statute), beneficiary designations, and the Michigan Trust Code. A specialist who works in Macomb and Oakland County probate courts every week sees how trusts actually perform, what fails, what works, what gets challenged. That experience doesn't transfer from a different practice area.
Some use a DIY trust kit. It's the same problem as DIY wills: these tools generate documents but don't account for Michigan execution requirements, proper funding coordination, or the specific trust language Michigan probate courts recognize.
How JBM Law Structures a Michigan Trust Plan
At JBM Law, the first conversation is about your situation, not selling you a trust. We review what you own, how it's titled, who you want to protect, and what you want to avoid. From that, we tell you whether a trust actually belongs in your plan, what type fits, and what it would cost.
If a living trust is the right answer, we build it:
Customized to your assets (real estate, business interests, retirement accounts, investments)
Coordinated with supporting documents (pour-over will, financial and healthcare powers of attorney)
Structured to avoid Michigan probate where that's the goal
Funded, not just drafted (the single most common reason trusts fail is that they were never funded)
Designed to adapt as your circumstances change
If a trust isn't the right answer for your situation, sometimes a properly drafted will plus beneficiary designations and a Lady Bird deed on real estate is enough, we tell you that, and you save the money.
How Much Does a Michigan Revocable Living Trust Cost?
A revocable living trust in Michigan typically costs $2,500 to $5,000 as part of a complete estate plan (which includes the trust, a pour-over will, financial and healthcare powers of attorney, and coordinated beneficiary designations). Cost varies with complexity: real estate holdings, business interests, blended families, or special needs beneficiaries. JBM Law tells you your number after the first consultation, before you commit.
You Can Know Exactly What Estate Plan You Need
You stop guessing. You have a clear answer on whether a trust belongs in your plan, what type, and what it would cost, based on your actual situation, not what's commonly recommended. If we recommend a trust, you understand exactly what it does and why. If we don't recommend one, you understand why and what's the right alternative.
You're not paying for unnecessary complexity. You're not setting up something that fails when your family needs it.
If keeping your family out of probate court is the specific reason you're considering a trust, start there.
Most Macomb and Oakland County families complete their estate plan for $2,500 to $5,000. You will know your number before you leave the first consultation.
Find Out What You Actually Need
Schedule your free consultation. We will review your assets, your family structure, and your goals, and give you a clear answer on whether a trust belongs in your plan, and what it would cost if it does. The consultation itself is free.