Are Video Wills legal in Michigan? If so, does the Video Will need a written Will to accompany it.

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The following details may seem irrelevant to my question. But I hope you will take them into account, when giving your answer. To say there is family discord is an understatement! My father is a lawyer. I had trouble regaining my daughter’s custody, when I suffered a head injury 7 years ago. I spent 2 years in a rehab. facility learning to walk and talk again. Then, returned home with all my faculties. At which time, I started to fight for my daughter’s custody. My father hired 2 other attorneys to fight me, along with himself. He managed to switch courts 2 times before I could get in front of a judge. She was then, returned to my custody. I believe my family will fight my last wishes (regarding my daughter) in court, if possible. Has a Video Will been proven legal in Michigan courts?

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Best Answer
If I understand your question correctly, then no, a Will that is videotaped is not a valid Michigan Will. A Will must be in writing in order to be valid and enforceable, under Michigan law.
Having said that, there are many instances when videotapes can be used as a part of the execution ceremony, to help affirm your intent and to combat potential arguments that there was a lack of capacity or undue influence was exerted. The tape is not used to provide the terms of the Will, but rather to confirm that the terms of the Will are the intent of the testator and that he or she had capacity to understand what was being done.
The purpose of a Will is to direct the intentions and instructions of the testator. Properly used, the video reinforces that intent and CAN be used as evidence to support the capacity of the testator. It is not fool proof and it can still be challenged. I have also had instances where we decided not to use the videotape, because it actually made the testator appear LESS capable than they really were.
Rather than (or in addition to) using a Will, you may wish to consider executing a Trust, to take care of your daughter. While you appear to be primarily focused on your daughter's guardianship, having the assets tied up in a trust makes it less likely that anyone would contest a Will or petition for guardianship, for financial motivations. The Trust can also stagger the distribution of assets so the beneficiary does not receive everything in a lump sum, as soon as they turn 18.
In any situation when you believe your estate plan (and your wishes) may be challenged or contested in any way, then it is imperative that you meet with an estate planning attorney to assist you in establishing the estate plan. Not only can he or she draft the plan with as many security features as possible, but he or she will also be available to testify on behalf of your intentions, in the event that your worst fears are realized.
Best of luck to you and your daughter.
James Frederick

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