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Lady Bird Deed Michigan

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MICHIGAN ENHANCED LIFE ESTATE DEED [A.K.A. Lady Bird Deed] [Individual to Individual]

Control Number: MI-01-82

I. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer.

It is also helpful to be able to see the location of the form fields. By clicking on the appropriate form field, you will be able to enter the needed information.

II. TIPS ON FILING THE FORMS

Michigan Transfer tax shall be collected on the total value of the land being transferred unless exempt from either or both acts; the exemption(s) must be stated on the instrument.

NOTE: Select the appropriate subsection(s) and enter into the body of the deed.

III. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the state of Michigan. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk.

ENHANCED LIFE ESTATE DEED

[Individual to Individual]

KNOW ALL MEN BY THESE PRESENTS THAT:

Grantor: , whose street address is , in the County of , State of .

Transfers, Conveys and Quitclaims to

Grantee: , whose street address is , in the County of , State of .

the real property commonly known as , in [City, Township, Village], County of , Michigan, and described as:

Tax Identification No.

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

the Premises, for the full consideration of less than , subject to any easements and building and use restrictions of record and the lien of taxes not yet due and payable.

The Grantor reserves during the Grantor’s lifetime a life estate coupled with an unrestricted power to convey, which includes the power to sell, gift, mortgage, lease and otherwise dispose of the premises during the Grantor’s lifetime, pursuant to Land Title Standard 9.3.

This conveyance is exempt from the real estate transfer tax under the provisions of MCL 207.505( ) and MCL 207.526( ).

Date:

Signature of Grantor

Type/Print Name

STATE OF MICHIGAN, COUNTY OF

The foregoing instrument was acknowledged before me this (date) by .

Notary Public, State of

My commission expires:

Type or Print Name

Drafted by and return to:

Send subsequent tax bills to:

Recording Fee:

State Transfer Tax:

County Transfer Tax:

EXHIBIT A

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What a Lady Bird Deed Is in Michigan

A Lady Bird Deed (commonly called an Enhanced Life Estate Deed) is a real estate instrument that lets a property owner retain a lifetime interest and control while naming one or more beneficiaries to receive full title at death without probate. In Michigan, this deed can preserve the grantor's right to sell, mortgage, or revoke the transfer during their lifetime. It is often used for estate planning to avoid probate and preserve title continuity, but it does not replace tax or Medicaid planning advice from a licensed attorney.

Primary Advantages of Using a Lady Bird Deed in Michigan

The Lady Bird Deed enables probate avoidance, preserves the grantor's lifetime control, and can simplify post-death title transfer for heirs.

Primary Advantages of Using a Lady Bird Deed in Michigan

Who Typically Uses a Michigan Lady Bird Deed

Typical users include homeowners seeking to avoid probate while keeping full control during life.

  • Elder homeowners planning estate transitions who want to retain sale and mortgage powers.
  • Adult children or designated beneficiaries who will receive title automatically at the grantor's death.
  • Estate and real estate attorneys preparing streamlined transfer documents for clients.

Many users combine this deed with trusts or powers of attorney; legal review ensures state-specific compliance and tax clarity.

Step-by-Step: Completing a Lady Bird Deed in Michigan

Follow these steps to prepare, sign, notarize, and record an Enhanced Life Estate (Lady Bird) Deed in Michigan.

  • 01
    Draft: Prepare deed with complete legal description and beneficiary names.
  • 02
    Review: Have an attorney review for tax and Medicaid effects.
  • 03
    Sign: Grantor signs before a notary; witness rules vary by county.
  • 04
    Record: Submit to the county Register of Deeds where the property is located.

Key Components of a Professional Michigan Lady Bird Deed

A complete deed contains core legal elements and procedural items needed for valid transfer and smooth county recording.

Granting Clause

A clear conveyance phrase stating that the grantor conveys a present life estate and names remainder beneficiaries who receive fee simple at death.

Retained Rights

Explicit reservation of the right to sell, mortgage, or revoke the transfer; this language distinguishes the enhanced life estate deed from a regular life estate.

Legal Description

Full metes-and-bounds or recorded-lot description copied from the current deed to ensure the recorder accepts the document.

Consideration Clause

A nominal consideration statement or recital that supports recording; many deeds recite 'for love and affection' or nominal dollars.

Notary Acknowledgement

A county-approved notary block with venue and acknowledgement to satisfy recording requirements.

Recording Instructions

Filing directives such as 'Return to' name and mailing address plus any required transfer tax or exemption forms for the county.

Essential Data Elements to Include

Grantor(s): Full legal name(s)
Beneficiary(ies): Full legal names
Legal Description: Parcel/legal description
County: Recording county
Notary: Acknowledgement block
Signature Date: Exact execution date

Where to File and How Recording Works

Recording moves title information into the public record and establishes the beneficiaries' future ownership rights upon the grantor's death.

  • County Register: Record in the Register of Deeds of the property's county.
  • Recording Requirements: Provide signed deed, recording fee, and any county transfer forms.
  • Processing: County records index and return stamped copies to return address provided.
  • Effect: Recording preserves priority and provides public notice of the conveyance.

How to Customize an Online Completion Workflow

Configure an electronic workflow to collect signatures, capture notarization, and store executed deeds securely.

Field Configuration
File Format Use PDF/A or PDF for stable archival and county compatibility
Signer Authentication Use email plus SMS code or stronger identity verification for grantor authentication
Notary Integration Enable remote online notarization (if accepted by state/county) or schedule in-person notarization
Record Storage Store final PDF with audit trail in encrypted cloud archive

Digital Signing and eSubmission Considerations

Ensure your eSignature platform supports notarization workflows, audit trails, and PDF output compatible with county recorders.

  • File Types: PDF, DOCX supported
  • Integrations: Connectors to cloud storage
  • Authentication: SMS, email, or advanced options

Select a platform that provides tamper-evident signed PDFs, retained audit trails, and optional RON features when accepted by the recording county; verify county RON acceptance before using remote notarization.

Timing and Practical Deadlines

There is no statutory 'deadline' to record a Lady Bird Deed, but timely recording protects priorities and provides public notice.

Record Promptly:

Record as soon as practicable to protect against intervening liens.

Tax Year Impact:

Recording may affect property tax assessments in the following tax year.

Medicaid Lookback:

For Medicaid planning, consult counsel about transfers within the state's lookback period.

Probate Avoidance:

Recorded deed bypasses probate for title transmission at death.

Document Retention:

Keep originals and recorded copies indefinitely for evidentiary use.

Key Milestones from Draft to Recorded Deed

Track these milestones to avoid delays and ensure the deed is effective during life and at death.

01

Draft Complete

Deed drafted with legal description and beneficiary names.

02

Legal Review

Attorney reviews tax, Medicaid, and title impacts.

03

Execution

Grantor signs before a notary and any required witnesses.

04

Recording

Deed submitted to county Register of Deeds and returned stamped.

Common Preparation Mistakes to Avoid

  • Using an incomplete or informal legal description that county recorders reject or that clouds title.
  • Listing beneficiaries with nicknames or ambiguous identifiers instead of full legal names and suffixes.
  • Failing to reserve explicit powers (sale, mortgage, revocation), unintentionally creating a full gift.
  • Assuming the deed controls Medicaid outcomes without consulting counsel for lookback or transfer rules.

Risks and Consequences of an Incorrect Deed

Title Defect: Recorder rejection or clouded title
Probate Delay: Unrecorded transfers may still require probate
Tax Exposure: Capital gains or transfer tax issues
Medicaid Risk: Lookback penalties without counsel
Revocation Failure: Improper revocation may be ineffective
Escrow Complications: Lenders may refuse title insurance

eSignature Vendor Comparison for Deed Execution Workflows

Below is a concise vendor comparison useful when choosing an eSignature provider for deed preparation, notarization support, and secure storage.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-World Examples of Use

These short examples illustrate how practitioners and property owners use the Lady Bird Deed in practice.

Martin Properties Case

A property manager used an enhanced life estate deed to streamline tenant transfer at owner death

  • The deed preserved sale ability during life
  • The recorded deed removed the need for probate, accelerating asset distribution and minimizing executor actions for the family.

Optica Ventures Example

An investor placed rental property into an enhanced life estate deed to simplify succession

  • Beneficiaries received title at death without probate
  • With counsel, the team coordinated lender notice and updated insurance, reducing closing friction later.

Frequently Asked Questions about Lady Bird Deed Michigan

Answers address common execution, recording, and post-recording concerns for Michigan Enhanced Life Estate (Lady Bird) Deeds.


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