When people think about estate planning mistakes, they often assume the issues involve complex tax strategies or large estates. In reality, many disputes arise from everyday situations—outdated documents, unclear wording, and life changes that were never reflected in a plan. A recent Michigan Court of Appeals case, In re Estate of Neal D. Nielson, shows how these common issues can lead to years of litigation. If you live in Michigan and have a will or trust, this case offers practical lessons to help you avoid similar problems.

1. Divorce Does Not Automatically Fix Your Estate Plan

In this case, the decedent divorced his spouse more than 20 years before his death. However:

• He never updated his will
• He continued referring to her as “my wife”
• They continued living together after the divorce

This created a situation where his children and his former spouse ended up in litigation over his estate.

What this means for you: Divorce does not automatically clean up your estate plan. While Michigan law may revoke certain provisions, many issues remain:

• Outdated language can still control outcomes
• Beneficiary designations may remain unchanged
• Real-life relationships can conflict with legal documents

Takeaway: If your marital status changes, your estate plan should be reviewed immediately.

2. The Words in Your Will Matter More Than You Think

One of the central issues in the case was whether a clause leaving: “my household furniture, automobiles, and personal property” was a specific gift or a general gift.

That distinction determined who actually received those items. The Court ultimately ruled these were specific gifts, meaning the named recipient was entitled to those actual items—not just their value.

What this means for you: Seemingly simple wording can have major legal consequences.

• Categories of property can still be treated as specific gifts
• Courts focus on intent—not assumptions
• Small drafting choices can change outcomes

Takeaway: Estate planning documents should be drafted with precision.

3. Blended Families Increase the Risk of Disputes

This case involved:

• Adult children
• A former spouse who continued living with the decedent
• Competing expectations about personal property

Not surprisingly, disagreements arose over:

• Furniture
• personal belongings
• sentimental items

What this means for you:  Blended family situations are one of the most common sources of estate disputes. Even when relationships are good, unclear planning can lead to conflict after death.

Takeaway: If your family structure is not straightforward, your plan needs to be especially clear.

4. "I'll Make a List Later” Often Leads to Problems

The will allowed the decedent to leave a separate memorandum assigning specific items. He never completed one. As a result, there was no clear guidance on who should receive particular belongings.

What this means for you: Many people intend to create a list for personal property—but never do. That leaves family members to:

• guess your intentions
• negotiate among themselves
• or go to court

Takeaway: If your plan relies on a personal property list, it needs to be completed and kept current.

5. Even With a Will, Michigan Law May Give Your Family Additional Rights

In this case, the children asserted rights under Michigan's exempt property allowance laws. Whether they could take certain items depended on whether the estate was “otherwise sufficient.”

What this means for you: Even if you have a will, Michigan law provides:

• exempt property allowances
• family allowances
• other statutory provisions that can impact your estate plan

These rules can affect how your estate is distributed.

This is also one of the limitations of using simple online forms or generic estate planning software. Those tools often focus on completing a document, but they typically do not address how Michigan law—such as exempt property allowances—interacts with your plan. As a result, a document may appear complete but still lead to unintended outcomes.

This is also why experience with Michigan estate planning matters. Estate planning is not just about preparing documents—it involves understanding how those documents interact with state-specific laws. Issues like exempt property allowances are not always obvious, but they can significantly affect how an estate is administered if they are not properly accounted for.

Takeaway: A complete estate plan accounts for how Michigan law actually works in practice.

6. Your Will Only Controls What You Actually Own

One of the disputed items was a pickup truck. The issue was straightforward:

• The decedent did not own it personally
• His LLC owned it

As a result, the vehicle was not part of the estate and did not pass under the will.

What this means for you: A common misunderstanding is: “I left that asset to someone in my will.” But if the asset is owned by:

• an LLC
• a trust
• or jointly with someone else

…it may not pass under your will at all.

Takeaway: Ownership and titling matter just as much as your documents. Many of these issues can be avoided with a properly structured revocable living trust that coordinates ownership and distribution.

7. Old Divorce Agreements Can Lose Their Effect

The case also involved a dispute over a life insurance policy tied to a divorce settlement from decades earlier. The claim failed because too much time had passed and the statute of limitations had expired.

What this means for you: Legal rights created in a divorce do not last forever.

Failing to follow up or enforce those rights can result in losing them entirely.

Takeaway: Important legal rights should be reviewed and addressed—not assumed to remain valid indefinitely.

How Long Did This Take—and Why That Matters

In this case, Mr. Nielsen, the decedent, died in December 2020. The Michigan Court of Appeals did not issue its decision until April 2026. That is more than five years—and even then, the case was sent back to the probate court for further proceedings.

During that time:

• The estate remained unsettled
• Family members were involved in ongoing litigation
• Legal fees and costs were incurred
• Final distributions were delayed

What this means for you: Many people assume estate matters are resolved quickly. In reality, unclear or outdated planning can result in years of court involvement. Situations like this are not unusual. They typically arise when estate plans are not updated or are not coordinated with how assets are actually owned.

Takeaway: A well-designed estate plan is not just about who gets what—it is about helping your family avoid delay, conflict, and unnecessary expense.

The Bigger Lesson: Estate Planning Is Not a One-Time Event

This case did not arise from a single mistake. It was the result of multiple common issues:

• an outdated will
• lack of coordination with real-world circumstances
• unclear language
• incomplete follow-through

All of which ultimately required court involvement to resolve.

How to Avoid These Problems

A well-designed estate plan should:

• Be updated after major life events
• Clearly identify who receives specific property
• Coordinate with how assets are titled
• Address blended family dynamics directly
• Account for Michigan-specific laws affecting estates

Take the First Step Toward Peace of Mind

If you have questions or are ready to start protecting your family's future, I am here to help. At my Troy, Michigan law office, I am dedicated to providing the clear, experienced guidance you need to safeguard what matters most.

You can reach me by calling (248) 469-4261 or by completing the online form to the right. During our initial conversation, we will discuss your specific concerns and determine the best way to move forward. This first step is designed to give you the information you need to decide, without pressure, if a full consultation is right for you.

I look forward to helping you put a clear plan in place so you and your family have lasting peace of mind.