If you’re a Michigan homeowner thinking about how to pass your property to loved ones, you might be wondering how to avoid probate while still keeping control of your home. A Lady Bird deed could be your answer.
This estate planning tool, available in only a few states, including Michigan, lets you transfer real estate to your heirs without going through probate. And if you live in Macomb or Wayne County, it can offer a simple, effective way to protect your assets and preserve your wishes. Our Michigan estate planning attorneys explain in more detail below.
What Is a Lady Bird Deed in Michigan?
A Lady Bird deed, also called an enhanced life estate deed, gives you the best of both worlds: lifetime control and a streamlined transfer of your property at death.
This type of deed is unique because:
It lets the property owner keep full rights to their home during their lifetime
It automatically transfers ownership to named beneficiaries when the owner dies
It bypasses the probate process altogether
Though the name comes from former First Lady "Lady Bird" Johnson, she never actually used one. Still, the nickname stuck and is now widely recognized by estate planning professionals across Michigan.
How Does a Lady Bird Deed Work?
Michigan Lady Bird deeds are structured around two roles:
The “life tenant”: This is the current owner who keeps full control of the property.
The “remaindermen”: These are the people (usually children or heirs) who will receive the property after the owner’s death.
Here’s what makes a Lady Bird deed different:
The owner can sell, refinance, or lease the property at any time without permission from the beneficiaries
The deed can be revoked or changed during the owner’s life
Ownership passes automatically to heirs upon death, with no court involvement
To be legally valid in Michigan, the deed must include specific legal language and be properly signed, notarized, and recorded with the county Register of Deeds.
In Macomb and Wayne Counties, Lady Bird deeds are accepted by local officials and are well-established in estate planning practice.
Why Use a Lady Bird Deed?
Many Michigan residents find these deeds useful for estate planning because they offer several practical benefits:
Eliminates the need for probate—this can save 6 to 12 months of delays, and thousands in legal fees
Keeps the property under the owner’s full control while alive
Allows the owner to update or remove beneficiaries any time
Property tax “uncapping” is avoided under Michigan law, keeping taxes stable for the new owner
Keeps the transfer private, since no court filings are needed
In high homeownership areas like Macomb County (where the median home value is $270,00) and Wayne County ($215,000), avoiding probate can protect both time and property value.
Other Ways to Transfer Property—and How They Compare
Lady Bird deeds are one of several tools used in Michigan estate planning. Depending on your goals, here’s how they differ from other options:
Living trusts can handle complex estates and multiple assets, but they cost more to set up and maintain over time.
Joint ownership might seem easy, but it can trigger tax issues and unintentional control problems.
Traditional life estate deeds lock in your beneficiaries and eliminate your ability to sell or change the deed later.
Lady Bird deeds also provide benefits in Medicaid planning. Because the property passes outside of probate and remains revocable, the estate may avoid some estate recovery situations.
When Should You Use a Lady Bird Deed?
These deeds work best when:
The home is your primary residence
You have a fairly simple estate plan
You want to avoid probate and keep decision-making power during your lifetime
If your estate is large, includes several real estate holdings, or has more complex distribution requirements, a trust might be more appropriate.
To know for sure, it’s smart to speak with a local estate planning attorney who understands the law in Macomb and Wayne Counties.
Keating Law, PLC Can Help You Draft a Lady Bird Deed That Works
If you’re considering a Lady Bird deed in Michigan, Keating Law, PLC is ready to help. We’re based here in Michigan and have extensive experience guiding homeowners in Macomb and Wayne Counties through the estate planning process.
Our team can:
Review your goals and help you decide if a Lady Bird deed is appropriate
Draft and record a valid deed that meets legal standards
Walk you through your options for protecting your home and your legacy
Contact us today to schedule a consultation. Let us help you take the next step with smart estate planning tailored to your needs.