Frequently Asked Questions
Our experienced legal team has been serving clients in the greater Ann Arbor region (Washtenaw County and Lenawee County) for over a decade. With a thorough background in estate planning, trusts, wills, and probate, as well as family and business law, our team will walk you through the necessary steps so that you and your family are protected and represented accurately.
Family Law & Divorce
Going through a divorce takes an emotional toll on the entire family. It is a long process that can involve complications and conflicts along the way, even under the best of circumstances. During this difficult time, you will want to protect yourself and ensure the well-being of your children.
How long does the divorce process take in Michigan?
Michigan law requires a minimum 60-day waiting period for divorces without minor children, and 6 months when children are involved. However, the actual timeline depends on several factors:
- Uncontested divorce (no children): 60-90 days minimum
- Uncontested divorce (with children): 6-9 months minimum
- Contested divorce: 9-18+ months, depending on complexity
Our experienced attorneys can help expedite the process where possible while protecting your rights and ensuring favorable outcomes.
How much does a divorce attorney cost in Michigan?
Divorce costs vary significantly based on complexity, contested issues, and whether children are involved. We offer transparent pricing and flexible payment plans to make quality legal representation accessible. During your consultation, we’ll provide a clear estimate based on your specific situation–including whether your divorce is contested or uncontested, property division complexity, and custody considerations. Our offices accept various payment methods, and we’ll discuss all options upfront so there are no surprises.
What's the difference between contested and uncontested divorce?
An uncontested divorce means both spouses agree on all major issues—property division, child custody, support, etc. This is typically faster and less expensive. A contested divorce means you disagree on one or more issues, requiring negotiation, mediation, or court intervention. Even if you start with a contested divorce, many cases settle through negotiation before trial. We help clients explore all options to reach fair resolutions efficiently.
Can you help with custody modifications in Michigan?
Yes. If circumstances have changed substantially since your original custody order, we can help you petition the court for a modification. Common reasons include:
- Relocation of one parent
- Changes in work schedules affecting parenting time
- Concerns about the child’s safety or well-being
- Changes in the child’s needs (medical, educational, etc.)
- Significant lifestyle changes by either parent
Michigan courts prioritize the child’s best interests when considering modifications.
How is child support calculated in Michigan?
Michigan uses a formula based on both parents’ incomes, the number of children, health insurance costs, and childcare expenses. The Michigan Child Support Formula considers:
- Each parent’s gross income
- Number of overnights with each parent
- Health insurance premiums for the children
- Childcare costs related to work or education
- Other children either parent supports
Our attorneys can help you understand the calculation and ensure it’s applied correctly to your situation.
Do I need a lawyer for divorce in Michigan, or can I do it myself?
While Michigan allows self-represented divorce, having an attorney is strongly recommended—especially when children, significant assets, or complex issues are involved. Even small mistakes in paperwork or negotiations can have long-term financial and custody consequences. Our attorneys protect your rights, ensure fair outcomes, and handle the legal complexities so you can focus on moving forward.
Estate Planning
In most cases, estates are settled amicably between all parties involved. When there is a will or trust in place, assets can be divided according to the wishes of the deceased individual. That is the ideal situation.
Do I need a will if I live in Michigan?
Yes. Without a will, Michigan’s intestacy laws determine who inherits your property—which may not align with your wishes. A will is especially important if you:
- Own real estate or significant assets
- Have minor children (to name guardians)
- Want to ensure specific family members or charities receive assets
- Have a blended family
- Own a business
- Want to minimize family conflict
Even if you have a trust, a “pour-over will” ensures any assets not in the trust are distributed according to your wishes.
What's the difference between a will and a trust?
Wills take effect after death and must go through probate court, which is public and can take 6-12+ months. Trusts can avoid probate, provide privacy, protect assets during your lifetime, and allow for more complex distribution strategies.
Many Michigan families benefit from having both:
- A revocable living trust to hold major assets and avoid probate
- A pour-over will as a safety net for any assets not in the trust, and to name guardians for minor children
Our estate planning attorneys can explain which option—or combination—best suits your needs and goals.
When should I update my estate plan?
Review your estate plan every 3-5 years, and update it immediately after major life changes:
- Marriage, divorce, or remarriage
- Birth or adoption of children
- Death of a beneficiary or named executor
- Significant changes in assets (inheritance, business sale, real estate purchase)
- Relocation to another state
- Changes in tax laws
- Children reaching adulthood
- Retirement
Even if nothing major has changed, periodic reviews ensure your plan reflects current Michigan laws and your evolving wishes.
What happens if I die without a will in Michigan?
If you die “intestate” (without a will), Michigan’s intestacy laws determine who inherits your property:
- Married with children from current marriage: Spouse inherits everything
- Married with children from previous relationship: Spouse gets $150,000 + half the balance; children split the remainder
- Unmarried with children: Children inherit everything equally
- No spouse or children: Parents, then siblings, then more distant relatives inherit
Intestacy also means:
- The court appoints guardians for minor children (may not be who you’d choose)
- Unmarried partners receive nothing
- Probate takes longer and costs more
- Your estate may not support your intended beneficiaries
How much does estate planning cost?
Estate planning costs vary based on complexity. Simple wills typically cost less than comprehensive plans with trusts, powers of attorney, and healthcare directives. During your consultation, we’ll discuss your needs and provide transparent pricing. Many clients find that investing in proper estate planning now saves their families thousands in probate costs, taxes, and legal fees later.
Probate
When a loved one passes away, you and other family members may be consumed with grief. It can be difficult to focus on all of the decisions that need to be made within a short period of time, such as notifications, funeral arrangements, and managing the details of the estate.
What is probate and how long does it take in Michigan?
Probate is the court-supervised process of settling a deceased person’s estate. In Michigan, probate typically takes:
- Informal probate (simple estates): 6-9 months
- Formal probate (complex or contested estates): 12-24+ months
The process includes:
- Filing the will with the probate court
- Appointing a personal representative (executor)
- Inventorying assets
- Paying debts and taxes
- Distributing assets to beneficiaries
Proper estate planning with trusts can help your family avoid probate entirely.
Can probate be avoided in Michigan?
Yes, several strategies can help avoid or minimize probate:
- Revocable living trusts: Assets held in trust avoid probate
- Joint ownership: Property owned jointly with right of survivorship passes directly to the surviving owner
- Beneficiary designations: Life insurance, retirement accounts, and payable-on-death accounts pass directly to named beneficiaries
- Transfer-on-death deeds: Real estate can transfer automatically to named beneficiaries
Our estate planning attorneys help you implement the right strategies for your situation.
What does a personal representative (executor) do?
A personal representative manages the estate through probate. Responsibilities include:
- Filing the will and necessary court documents
- Inventorying and valuing assets
- Paying debts, taxes, and final expenses
- Managing estate property during probate
- Distributing assets to beneficiaries
- Providing court accountings
- Resolving disputes or claims against the estate
It’s a significant responsibility. We guide personal representatives through every step, ensuring compliance with Michigan law and protecting them from personal liability.
Powers of Attorney
As adults, we are used to managing our affairs. You may coordinate with a spouse, family member, or partner, but you also know that you can do it on your own. Unfortunately, you can lose the ability to manage your financial and personal affairs due to an illness, an accident, or simply as a result of the natural aging process.
What's the difference between a financial and healthcare power of attorney?
Financial Power of Attorney authorizes someone to handle money and property matters—paying bills, managing investments, making business decisions, etc.
Healthcare Power of Attorney (called Patient Advocate Designation in Michigan) authorizes someone to make medical decisions if you’re unable to communicate.
You should have both. They cover different aspects of your life and take effect under different circumstances.
When does a power of attorney take effect?
You choose when your power of attorney becomes effective:
- Immediate: Takes effect as soon as you sign (common for convenience)
- Springing: Only activates when specific conditions are met (typically incapacity)
Most Michigan attorneys recommend immediate financial POAs because “springing” POAs can create complications when banks require proof that the triggering condition occurred.
Healthcare powers of attorney only take effect when you cannot make or communicate medical decisions yourself.
General Questions
We understand that family law matters are deeply personal and often life-changing. Whether you’re navigating the complexities of divorce, custody, or other sensitive issues, we are here to guide you with compassion, empathy, and understanding.Â
How do I choose the right attorney for my case?
Look for an attorney with:
- Specific experience in your type of case and local courts
- Proven track record of positive outcomes
- Communication style that makes you comfortable
- Transparent pricing and realistic expectations
- Availability to handle your case promptly
At Stimpson & Associates, we’ve served Washtenaw and Lenawee County families for over two decades. We prioritize personalized attention, clear communication, and effective representation.
What should I bring to my first consultation?
For Divorce/Family Law:
- Marriage certificate
- Financial documents (pay stubs, tax returns, bank statements)
- List of assets and debts
- Information about children (birth certificates, school records)
- Any existing court orders or agreements
For Estate Planning:
- List of assets (real estate, accounts, investments, business interests)
- Beneficiary preferences
- Existing estate documents (wills, trusts, POAs)
- Information about minor children or dependents with special needs
For Probate:
- Death certificate
- Original will (if available)
- List of assets and debts
- Information about beneficiaries
We’ll provide a detailed checklist when you schedule your consultation.
Do you offer free consultations?
We offer initial consultations to discuss your situation, explain your options, and provide transparent pricing. Contact our Ann Arbor or Tecumseh office to schedule yours.
What areas do you serve?
We serve clients throughout Washtenaw and Lenawee Counties, including Ann Arbor, Tecumseh, Ypsilanti, Saline, Chelsea, Dexter, Adrian, Whitmore Lake, and surrounding communities. Our offices are conveniently located in Ann Arbor (230 Collingwood Drive, Suite 150) and Tecumseh (108 W Chicago Boulevard).
How quickly can you take my case?
We strive to schedule consultations promptly and begin work on urgent matters immediately. Timeline depends on case complexity and our current caseload, but we prioritize responsiveness. Contact us today to discuss your specific timeline needs.
Do I need a lawyer for divorce in Michigan, or can I do it myself?
While Michigan allows self-represented divorce, having an attorney is strongly recommended—especially when children, significant assets, or complex issues are involved. Even small mistakes in paperwork or negotiations can have long-term financial and custody consequences. Our attorneys protect your rights, ensure fair outcomes, and handle the legal complexities so you can focus on moving forward.
What makes Stimpson & Associates different from other law firms?
Our clients consistently highlight:
- Over 20 years of experience serving local families and businesses
- Personalized attention—we limit our caseload to focus on each client
- Local expertise—deep knowledge of Washtenaw and Lenawee County courts
- Clear communication—we explain legal concepts in plain language
- Proven results—track record of favorable outcomes
- Comprehensive services—multiple practice areas under one roof
We’re not just attorneys—we’re your neighbors, serving the communities we call home.
