What Happens to Your Kids (and Your Stuff) If You Die Without an Estate Plan in Michigan
No one wants to think about dying young. Especially not parents of minor kids.
But here’s the reality: if you don’t make a plan, Michigan law has one for you—and it might not be the one you want.
Let’s talk about what actually happens if you pass away without any estate planning documents in place. Because your kids, and everything you own, are going to end up in someone’s hands—just maybe not yours.
1️⃣ Who Decides Where Your Kids Go?
If you have minor children and both parents pass away without naming a guardian in a will, you’re leaving it up to the probate court.
That means a judge—who’s never met you or your family—will decide who raises your kids.
✅ The court will look at family members and friends.
✅ Multiple relatives might petition to become guardian.
✅ Disagreements can turn into full-on custody battles.
✅ The kids might get placed temporarily with one relative while the court decides on a permanent guardian.
Bottom line: you lose control.
The judge will try to choose someone “in the best interests of the child,” but that might not be who you would have chosen.
2️⃣ Temporary Placement: Foster Care Is Possible
Here’s something parents don’t realize:
If no willing or suitable family member is immediately available, your children could temporarily enter the foster care system until the court figures out where they go.
Is that common? No, but it can happen.
Especially if family members are fighting over who should take them, live out of state, or can’t be found quickly.
Naming a guardian in your will isn’t just about final wishes—it’s about giving clear instructions so the court doesn’t have to guess or delay.
3️⃣ What Happens to Your Assets?
If you die without a will or trust in Michigan, you’re considered to have died intestate.
Here’s what happens next:
✅ Your estate goes through probate court—a public, time-consuming legal process.
✅ The court will appoint a personal representative (often a family member who steps forward, but not always the one you would choose).
✅ Michigan’s intestate succession laws decide who gets your assets.
For minor kids, this means:
✅ Assets inherited by minors can’t be handed directly to them.
✅ The court will set up a conservatorship to manage the money until the child turns 18.
✅ The conservator might be someone you wouldn’t have picked.
✅ Your kids get everything outright at 18—no restrictions, no control.
If you wanted them to get money at 25, or in stages, or under specific conditions? Sorry—that plan’s not happening.
4️⃣ Who Manages the Money?
Without a plan, the probate court will appoint someone to manage your children’s inheritance.
That person (the conservator):
✅ Has to report to the court
✅ May need to post a bond (insurance to protect the assets)
✅ Can only use the money in specific, court-approved ways
✅ Might not know your kids well or understand your values
You lose the chance to choose someone you trust to handle the money responsibly.
5️⃣ Family Fights and Drama
Let’s be honest: when there’s no plan, families fight.
✅ Over who should raise the kids
✅ Over who should manage the money
✅ Over who gets what from your estate
Your kids don’t need that. Especially while they’re grieving.
Having a plan reduces the stress, confusion, and potential for ugly court battles that can drag on for months or years.
6️⃣ How to Avoid This Entire Scenario
It’s actually not complicated to avoid this outcome.
✅ Create a Will:
Name a guardian for your minor children.
Specify who should manage your estate.
✅ Set Up a Trust:
Control how and when your kids receive money.
Avoid the need for court-appointed conservators.
Reduce or eliminate probate entirely.
✅ Name Beneficiaries:
Make sure assets like life insurance and retirement accounts go where you want them to.
✅ Consider Powers of Attorney:
Plan for disability, not just death.
7️⃣ Why Do This Now?
Because you don’t get to choose after the fact.
And because the unthinkable is even worse when there’s no plan:
✅ Kids placed with people you wouldn’t choose.
✅ Temporary foster care.
✅ Court fights between family members.
✅ Assets stuck in probate for months or years.
✅ Your 18-year-old suddenly inheriting a large sum with no guidance.
Estate planning isn’t about being morbid. It’s about loving your kids enough to make the hardest decisions now so they don’t have to later.