Episode 50

Host: Jill Mastroianni

How to write your own Will (and why you shouldn’t)

This episode starts with a real-world question from a Trader Joe’s cashier in Michigan:

“If I want to leave everything to my brother, can I just write it down and sign it?”

The short answer in Michigan is yes — it’s called a holographic Will. The long answer is complicated.

In this episode, Jill explains what a handwritten Will is, what it legally controls, what the state requires, and how to draft one in an emergency without accidentally creating chaos for the people you love. She also walks step-by-step through a sample holographic Will and breaks down six specific pitfalls that turn “simple” DIY planning into expensive, painful litigation.

This is a practical crash course for anyone wondering whether they really need a lawyer, what handwritten Wills can and can’t do, and how to avoid the disasters that happen when “I’ll just jot this down” intersects with probate.

What You’ll Learn in This Episode

  • What a Holographic Will Is

    • A handwritten Will, entirely, or mostly, in the testator’s handwriting, signed and dated

    • Allowed in some states, including Michigan

    • Often valid on paper, messy in reality

    Michigan’s Requirements (for validity)

    A handwritten Will is valid in Michigan if it:

    1. Is dated

    2. Is signed by the testator

    3. Has material portions in the testator’s handwriting

    That’s the bare minimum, not a guarantee that the document will do what you think.

    What a Will Actually Controls

    Not everything you own is governed by your Will. Some assets bypass probate entirely.

    Assets controlled by your Will:

    • Individually owned property without a beneficiary designation

    Assets that bypass your Will:

    • Jointly owned property

    • Retirement accounts with beneficiary designations

    • Assets with payable-on-death instructions

    Example: A 401(k) will follow the beneficiary designation, even if your Will says otherwise.
    If you want a change, update the form. Your Will does not override it.

    How to Structure a Handwritten Will (in an Emergency)

    Jill walks through a step-by-step handwritten format, including:

    • Clear declaration of intent

    • Definition of “Property” to simplify later references

    • Appointment of an Executor and successor

    • A single beneficiary and a clear backup

    • A default clause referencing intestacy laws

    Plus a final affirmation sentence to prevent challenges to handwriting authenticity

    When Notarizing Helps

    • Not required in Michigan

    • But adds credibility and makes it harder to dispute the signature

    • Requires a notary “block” with specific language

    Why Complexity Is the Enemy of DIY Wills

    The episode offers six pitfalls that almost always blow up handwritten Wills:

    • Gifts to minors

    • Attempting to create a trust

    • Gifts to individuals that interfere with eligibility for government benefits

    • Multiple beneficiaries

    • Joint ownership of sentimental items

    • Emotional or poetic language

    DIY Wills explode when they try to do too much.
    If you must write your own, keep it brutally simple.

Resources & Links

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Next

Episode 49: How to Keep Your Ex Out of Your Estate Plan