How to Remove an Abusive Partner from Your Estate Plan

Domestic Violence Awareness Month is a time to raise awareness about safety, empowerment, and legal protection. For survivors in Michigan, one critical but often overlooked step is removing an abusive partner from your estate plan. Whether you’re married, separated, or already divorced, Michigan law provides clear pathways to protect your assets and decision-making authority. Taking these steps not only helps secure your financial future but also reinforces your autonomy and safety.

1. Revoke or Replace Your Will

Under Michigan’s Estates and Protected Individuals Code (EPIC), you can revoke a will by:

• Executing a new will that explicitly revokes the old one.
• Physically destroying the old will with intent to revoke it.

If you’re still legally married, your spouse may still inherit some assets, but executing a new will could limit their inheritance. Further, if possible, have your spouse sign an agreement waiving his or her entitlements, which would permit you to completely disinherit your spouse. After divorce, Michigan law automatically revokes provisions in your will that benefit your ex-spouse—but don’t wait. Create a new will now to ensure your wishes are clear and enforceable. If you’re in the process of divorcing or separating, updating your will is a proactive way to protect your estate from unintended consequences. Also consider updating any guardianship designations or funeral representative appointments that may still name your abusive partner.

2. Amend or Revoke Your Trust

If you have a revocable living trust, you can amend or revoke it to remove your abusive partner as a trustee or beneficiary. A written amendment or revocation signed by you is sufficient. If the trust is joint, you may be able to revoke your portion unilaterally. Always consult an attorney to ensure compliance with any divorce-related court orders. Trusts often control significant assets, so removing an abusive partner from these documents is essential to maintaining control and security. You may also want to appoint a new trustee if your partner was previously named in that role.

3. Update Beneficiary Designations

Assets like life insurance, retirement accounts, and payable-on-death bank accounts pass outside of your will. Update these designations directly with the financial institution. Michigan law revokes spousal beneficiary designations upon divorce; however, it is still best practice to update your beneficiary designations as soon as possible, including before your divorce. If you’re not legally married to your abuser, there wouldn’t be any automatic revocation of their status as a beneficiary just because you are no longer in a relationship. Taking action early ensures your assets go to the people you trust. Be sure to keep documentation of all changes for your records.

4. Revoke Powers of Attorney

If your abusive partner is named in a financial or healthcare power of attorney, revoke those documents immediately. For financial POAs, a written revocation delivered to the agent and relevant institutions is best. For healthcare directives, Michigan law allows revocation “at any time and in any manner” that communicates intent. Still, written notice is recommended for clarity. These documents give someone significant control over your life—removing an abuser from them is a critical safety measure. After revocation, consider executing new POAs with trusted individuals to ensure continuity in your planning.

Summary of Key Steps

Removing an abusive partner from your estate plan is a powerful step toward reclaiming control and securing your future. Michigan law is designed to protect survivors—use it to your advantage.

About the Author:

Ryan Hulst is the founder of Grand Traverse Elder Law and one of our Empowerment Ambassadors. A veteran himself, Ryan is dedicated to helping fellow veteran’s and their families plan for the future.

Ryan Hulst
Grand Traverse Elder Law
231.714.4501
ryan@gtelderlaw.com