By Attorney Gary Allen

Many people ask me, “How often should I update my estate plan?”

The answer may surprise you.

An estate plan does not necessarily need to be reviewed simply because several years have passed. Instead, the need to update your plan is usually triggered by a significant change in your life, your family, your finances, or the law.

When You Are in a Long-Term Relationship but Are Not Married

Michigan has not recognized new common-law marriages since 1957. As a result, a couple may live together for many years, share their lives, and even consider themselves husband and wife — but under Michigan law, they may have none of the legal inheritance rights that a married spouse would have.

I have seen the consequences firsthand.

One gentleman lived with his significant other for more than twenty years. They owned a home together in every practical sense, but only his name appeared on the deed. He died without a will, leaving four adult children.

Under Michigan’s intestacy laws, his children inherited the estate. At the man’s funeral, they informed the woman that she had thirty days to move out of the home she had shared with him for two decades.

The law reached a result that neither member of the couple ever intended.

Why This Matters

Many unmarried couples assume that simply living together for a long time creates legal rights. Unfortunately, that is not the case in Michigan.

If you are in a long-term relationship and want your partner to inherit your property, careful planning is often necessary. Property ownership, beneficiary designations, and estate planning documents all play an important role in carrying out your wishes.

Every family’s circumstances are different, but understanding how Michigan law treats unmarried couples is an important first step.

Sometimes Good Outcomes Depend on Good Fortune

Here’s another true story.

A couple had lived together for twenty-two years. They shared one joint bank account, but everything else — including the home — was titled solely in the gentleman’s name. He had never prepared a will.

When he died, Michigan law provided that the home would pass to his closest heir — a cousin living in Arkansas. I was able to locate her and explain the situation.

Fortunately, the cousin, who was ninety-four years old, had no interest in the property, knew my client and graciously agreed to sign a deed transferring the home to my client.

Everything worked out.

But only because one person chose kindness over legal entitlement.

Had the cousin decided to keep the property — or sell it — the surviving partner would have had no legal right to remain in the home.

A Question to Consider

If something happened to you tomorrow, would the person you most want to protect actually receive your home and other assets?

Good estate planning is not about documents alone. It is about making sure your wishes — not chance or default legal rules — determine what happens to the people you care about most.