Michigan Estate Planning: Week #4 — Who Actually Inherits in Michigan? (Do Second Cousins Get Anything?) (Lansing Area Guide)

By Anthony Cottengim | 07/10/2026

Michigan Estate Planning: Week #4 — Who Actually Inherits in Michigan?

One of the most common (and surprisingly confusing) questions we hear from families in the Lansing area—including Okemos, Holt, Grand Ledge, DeWitt, and St. Johns—is:

“If someone dies without a will, who actually gets the estate?”

And sometimes the question goes deeper:

“Do second cousins inherit?”

The answer reveals something most people don’t realize:

👉 Michigan has a strict hierarchy for inheritance—and it doesn’t go as far out the family tree as many people expect.

If you don’t have a will (or trust), the State of Michigan essentially writes one for you—and it may not match what you intended.

The Issue in Plain English

When someone dies without a will in Michigan, they die “intestate.”

That means:

  • The court doesn’t guess your intentions
  • Your family doesn’t decide
  • Your assets are distributed based on Michigan law (EPIC)

And Michigan follows a step-by-step ladder:

  1. Spouse
  2. Children (and descendants)
  3. Parents
  4. Siblings (and their children)
  5. Grandparents (and their descendants)
  6. More distant relatives

The system stops once it finds a surviving group.

Why This Matters in Michigan (and for Lansing-Area Families)

For families across **Ingham County, Eaton County, and Clinton County—including East Lansing, Meridian Township, Delta Township, Eaton Rapids, and Bath Township—**this becomes a real issue when:

  • Someone never created a will
  • A trust wasn’t funded properly
  • Beneficiary designations didn’t cover everything

👉 (We covered that risk in Week #1 on TOD/POD problems)
→ /michigan-estate-planning-week-01-tod-pod-beneficiaries-lansing

The result?

👉 Assets pass in ways that often surprise families—and sometimes create conflict.

The Actual Order of Inheritance in Michigan

Michigan law lays this out clearly.

After the spouse’s share is handled, the remaining estate passes:

  1. To descendants (children, grandchildren, etc.)
  2. If none → to parents
  3. If none → to siblings (or nieces/nephews)
  4. If none → to grandparents and their descendants [legislature.mi.gov]

That last category—“descendants of grandparents”—is where people often get confused.

Where Do Cousins Fit Into This?

Let’s simplify the family tree:

  • First cousins → share grandparents
  • Second cousins → share great-grandparents

Michigan law stops at:

👉 Descendants of grandparents

It does not go up to great-grandparents first…

Which means:

👉 Second cousins usually do NOT inherit under Michigan intestacy laws.

Why Second Cousins Typically Do Not Inherit

Michigan’s statute limits inheritance to:

  • descendants
  • parents
  • descendants of parents
  • grandparents and their descendants [legislature.mi.gov]

Once the law reaches: 👉 “descendants of grandparents”

…it does not go further up the tree to great-grandparents.

And because second cousins are connected through great-grandparents, they fall outside this structure.

Real-World Case: Why This Matters

A Michigan Court of Appeals case (In re Estate of Koehler) highlights how this works in practice.

In that case:

  • The person had no spouse, children, parents, or siblings
  • The estate passed to descendants of the grandparents
  • The law directed half to paternal relatives and half to maternal relatives [caselaw.findlaw.com]

The key takeaway:

👉 The analysis stopped at the grandparent level—consistent with the statute. [caselaw.findlaw.com], [legislature.mi.gov]

The Most Common Misunderstanding

Many people assume:

“If no one close survives, the court will keep going out the family tree.”

But Michigan law doesn’t work that way.

👉 It treats certain levels as cutoff points

So if someone exists at the “descendants of grandparents” level:

  • The estate stays there
  • It does not move further out

What Happens If There Are No Heirs?

If no qualifying relatives are found:

👉 The estate may go to the State of Michigan (this is called “escheat”).

But in reality, it’s rare because:

  • the law casts a fairly wide net up to cousins
  • someone in the “grandparent descendant” category is often found

The Bigger Problem: Intestacy Ignores Real Relationships

This is where the law feels disconnected from real life.

Intestacy does not consider:

  • close friends
  • unmarried partners
  • stepchildren (unless adopted)
  • caregiving relationships

So in places like Lansing, Okemos, Holt, Grand Ledge, DeWitt, and St. Johns, we often see:

👉 People who were “like family” receive nothing
👉 Distant relatives receive everything

Your Best Options (Simple Solutions)

Option #1 — Have a Will (at minimum)

A will lets you:

  • decide who inherits
  • avoid the default structure
  • override intestacy

Option #2 — Use a Trust for full control

A trust allows:

  • more flexibility
  • probate avoidance
  • better protection for beneficiaries

👉 This becomes even more important when combined with:

  • beneficiary designations (Week #1)
  • power of attorney planning (Week #2)

→ /michigan-estate-planning-week-02-power-of-attorney-michigan-lansing

Option #3 — Plan for “what if” scenarios

You want to answer:

  • What if someone passes away before you?
  • What if family dynamics change?
  • What if someone needs protection?

Intestacy does not answer these questions.

When You Should Get Legal Help

If you’re in Lansing, East Lansing, Okemos, Holt, Grand Ledge, DeWitt, St. Johns, Eaton Rapids, or Charlotte, you should consider planning if:

  • you want control over who inherits
  • you have no immediate family
  • you have blended family dynamics
  • you want to avoid distant relatives inheriting
  • you want to protect specific people

Because:

👉 Without a plan, Michigan law decides—and it may not match your intent.

Quick Checklist (Lansing Area)

Ask yourself:

  • Do I know exactly who inherits if I don’t have a will?
  • Would I be okay with that outcome?
  • Are there people I care about who would be excluded?
  • Do I want control or default rules?

If you’re unsure, your estate plan likely needs review.

12 Q&A (Client-Facing)

1) What happens if I die without a will in Michigan?

Your estate is distributed according to state intestacy laws.

2) Who inherits first?

Usually a spouse and/or children, depending on your situation.

3) What if I have no spouse or children?

Then your parents, siblings, or their descendants inherit. [legislature.mi.gov]

4) Do second cousins inherit?

Normally no, because Michigan stops at the “descendants of grandparents” level. [legislature.mi.gov]

5) Do first cousins inherit?

Yes—they can fall within “descendants of grandparents.”

6) What if I want someone outside my family to inherit?

You need a will or trust—intestacy will not provide for them.

7) Do stepchildren inherit?

Not automatically, unless legally adopted.

8) What if someone dies before me?

Their share usually passes down to their children (by representation).

9) What if there are no heirs?

The estate may go to the State of Michigan.

10) Does intestacy avoid probate?

No—it operates through probate.

11) Is this the same in every state?

No—each state has its own rules.

12) What’s the safest option?

Create a coordinated estate plan so you—not the state—decide.

🔗 Related Michigan Estate Planning Topics

➡️ Next in the Series

👉 Michigan Estate Planning: Week #5 — What Is “Uncapping” in Michigan Property Taxes (and How Transfers Can Raise Your Taxes)

📍 Local Note

If you’re in the **Greater Lansing area—including Okemos, Holt, Mason, Grand Ledge, DeWitt, St. Johns, Eaton Rapids, or Charlotte—**and you don’t have a will or trust, it’s worth reviewing what Michigan’s default plan would actually do with your estate.

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