Lady Bird Deed: How to Avoid Probate In Michigan With an Enhanced Life Estate Deed

Lady Bird Deed Michigan illustration for avoiding probate

Many Michigan homeowners come to John R. Tatone & Associates looking for ways to avoid probate and protect their family. One of the simplest and most effective tools is the Lady Bird Deed Michigan homeowners often rely on to keep their property out of probate while maintaining complete control during their lifetime.

A Lady Bird Deed—officially called an Enhanced Life Estate Deed—is recognized in only a handful of states, and Michigan is one of them. It has become an essential part of probate avoidance planning for families across Macomb, Oakland, and Wayne Counties.


What Is a Lady Bird Deed in Michigan? (Enhanced Life Estate Deed Explained)

A Lady Bird Deed allows you to keep full control over your home while you’re alive, while naming the person or people who will receive the property when you pass away. Unlike a traditional life estate, a Lady Bird Deed lets you:

  • Sell your home

  • Refinance

  • Change beneficiaries

  • Revoke the deed

… all without needing the consent of your beneficiaries.

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How a Lady Bird Deed Michigan Helps You Avoid Probate

When someone dies owning real estate in their name alone, the property almost always requires probate. With a Lady Bird Deed, the property transfers automatically to beneficiaries at death—no probate, no court filings, and no delays.

Michigan’s probate court explains how property transfers work here:
🔗 https://courts.michigan.gov/Administration/SCAO

(Outbound link added)

For families, this can save months of waiting and thousands in probate fees.


Benefits of a Lady Bird Deed for Michigan Homeowners

1. Complete Control for the Homeowner

You can change your mind at any time. Beneficiaries have no rights until your death.

2. Immediate Transfer Without Probate

This is the primary reason people choose a Lady Bird Deed Michigan strategy.

3. Helps Protect Your Home From Medicaid Estate Recovery

Michigan allows Lady Bird Deeds to protect your home if you ever require Medicaid for long-term care. More details here:
🔗 https://michigan.gov/mdhhs
(Outbound link added)

4. Prevents Property Tax Uncapping in Many Cases

Under Michigan law, transfers to certain family members do not uncap property taxes when done through a Lady Bird Deed.

5. Easy and Affordable Probate Avoidance

Compared with a living trust, a Lady Bird Deed is fast, simple, and cost-effective.


Lady Bird Deed vs. Living Trust: Which Should You Choose?

Both tools are excellent for avoiding probate, but they serve different purposes.

A Lady Bird Deed is ideal when:

  • You have one primary home

  • You want a low-cost probate-avoidance tool

  • Your beneficiaries are responsible adults

A living trust is better when:

  • You own multiple properties

  • You want structured or delayed distributions

  • You have a blended family

Michigan Living Trusts — What You Need to Know

Many clients use both strategies together.


Common Questions About Lady Bird Deeds in Michigan

Does a Lady Bird Deed affect my taxes?

No. Your homestead exemption and taxes stay the same.

Can I leave the home to multiple beneficiaries?

Yes, and you can name backups.

Will my heirs get a step-up in basis?

Yes—reducing capital gains tax if they sell.

Michigan probate court clerk helping resident with probate documents
Alt text: “Michigan probate court clerk helping resident with probate documents”


Is a Lady Bird Deed Right for You?

A Lady Bird Deed is one of the most powerful tools Michigan residents can use to avoid probate and keep full control of their home. However, the document must be drafted correctly to ensure it works—especially when Medicaid planning or blended families are involved.

At John R. Tatone & Associates, we guide families through the entire process and help them choose the best plan for their goals, whether that includes a Lady Bird Deed, a living trust, or both.

Schedule a Consultation — John R. Tatone & Associates

A Lady Bird Deed—officially called an Enhanced Life Estate Deed—is recognized in only a handful of states, and Michigan is one of them. It has become an essential part of probate avoidance planning for families across Macomb, Oakland, and Wayne Counties.


What Is a Lady Bird Deed in Michigan? (Enhanced Life Estate Deed Explained)

A Lady Bird Deed allows you to keep full control over your home while you’re alive, while naming the person or people who will receive the property when you pass away. Unlike a traditional life estate, a Lady Bird Deed lets you:

  • Sell your home

  • Refinance

  • Change beneficiaries

  • Revoke the deed

… all without needing the consent of your beneficiaries.

Estate Planning Services — John R. Tatone & Associates


How a Lady Bird Deed Michigan Helps You Avoid Probate

When someone dies owning real estate in their name alone, the property almost always requires probate. With a Lady Bird Deed, the property transfers automatically to beneficiaries at death—no probate, no court filings, and no delays.

Michigan’s probate court explains how property transfers work here:
🔗 https://courts.michigan.gov/Administration/SCAO

For families, this can save months of waiting and thousands in probate fees.


Benefits of a Lady Bird Deed for Michigan Homeowners

1. Complete Control for the Homeowner

You can change your mind at any time. Beneficiaries have no rights until your death.

2. Immediate Transfer Without Probate

This is the primary reason people choose a Lady Bird Deed Michigan strategy.

3. Helps Protect Your Home From Medicaid Estate Recovery

Michigan allows Lady Bird Deeds to protect your home if you ever require Medicaid for long-term care. More details here:
🔗 https://michigan.gov/mdhhs

4. Prevents Property Tax Uncapping in Many Cases

Under Michigan law, transfers to certain family members do not uncap property taxes when done through a Lady Bird Deed.

5. Easy and Affordable Probate Avoidance

Compared with a living trust, a Lady Bird Deed is fast, simple, and cost-effective.


Lady Bird Deed vs. Living Trust: Which Should You Choose?

Both tools are excellent for avoiding probate, but they serve different purposes.

A Lady Bird Deed is ideal when:

  • You have one primary home

  • You want a low-cost probate-avoidance tool

  • Your beneficiaries are responsible adults

A living trust is better when:

  • You own multiple properties

  • You want structured or delayed distributions

  • You have a blended family

Michigan Living Trusts — What You Need to Know


Many clients use both strategies together.


Common Questions About Lady Bird Deeds in Michigan

Does a Lady Bird Deed affect my taxes?

No. Your homestead exemption and taxes stay the same.

Can I leave the home to multiple beneficiaries?

Yes, and you can name backups.

Will my heirs get a step-up in basis?

Yes—reducing capital gains tax if they sell.

Is a Lady Bird Deed Right for You?

A Lady Bird Deed is one of the most powerful tools Michigan residents can use to avoid probate and keep full control of their home. However, the document must be drafted correctly to ensure it works—especially when Medicaid planning or blended families are involved.

At John R. Tatone & Associates, we guide families through the entire process and help them choose the best plan for their goals, whether that includes a Lady Bird Deed, a living trust, or both.

Schedule a Consultation — John R. Tatone & Associates

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