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The Michigan Revocable Living Trust, Explained

A revocable living Trust is the most common way Michiganders keep assets out of probate and plan for incapacity. Here's what it does, what it doesn't, and the step most people miss. General information, not legal advice.

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What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Michigan

  • Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
  • Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court conservatorship.
  • Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
  • Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Michigan attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Michigan attorney.

Is a revocable living Trust right for you in Michigan?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a Michigan attorney can recommend what fits your situation.

General information about Michigan law, not legal advice.

Frequently asked questions

Is a Michigan living trust revocable?
A trust created under an instrument signed on or after April 1, 2010 is revocable unless its terms expressly make it irrevocable (MCL 700.7602(1)).
Who looks after a Michigan revocable trust if the settlor becomes incapacitated?
The trustee the trust names, under its terms; a trustee who reasonably believes the settlor is incapacitated keeps the settlor's designated agent — or, without one, the would-be qualified trust beneficiaries — informed (MCL 700.7603(2)).

General information about Michigan law, not legal advice.