lady bird deeds michigan

Lady Bird Deed vs. Other Estate Planning Tools: What Michigan Homeowners Need to Know

lady bird deeds and other estate planning tools

When comparing Lady Bird Deeds vs. other estate planning tools, many Michigan homeowners want to know which option gives them the most control, the best probate avoidance, and the strongest long-term protection. While a Michigan Lady Bird Deed is one of the simplest and most flexible tools available, it’s not the only option — and the right choice depends on your goals, family dynamics, and the type of property you own.

Below is a detailed comparison of how Lady Bird Deeds stack up against life estate deeds, revocable living trusts, wills, and joint ownership, so you can decide which strategy best fits your estate plan.


Lady Bird Deed (Enhanced Life Estate Deed)

A Michigan Lady Bird Deed allows you to:

  • Maintain full control of your home during your lifetime
  • Sell, refinance, or change beneficiaries without permission
  • Transfer property instantly at death
  • Avoid probate completely
  • Protect your home from Medicaid Estate Recovery
  • Preserve a step-up in basis for your beneficiaries

This makes Lady Bird Deeds a powerful combination of flexibility, affordability, and protection.

Traditional Life Estate Deed

For homeowners who want to stay in full control, a Lady Bird Deed is the preferred option.

A traditional life estate avoids probate but comes with significant restrictions:

  • You keep the right to live in the home
  • You cannot sell or refinance without permission from your beneficiaries
  • You lose financial flexibility during your lifetime

Revocable Living Trust

A living trust provides more comprehensive planning than a deed:

  • Avoids probate for all assets placed in the trust
  • Allows detailed planning for minors, multiple properties, and complex estates
  • Maintains privacy
  • Offers flexibility for blended families and long-term management

However, trusts are more expensive to create and maintain. For homeowners who primarily want to protect and transfer one Michigan home, a Lady Bird Deed is often simpler and more cost-effective.

Will

A Last Will and Testament outlines how your property should pass but must go through probate:

  • Requires court supervision
  • Can take months or years
  • Increases costs for your beneficiaries
    Does not protect against Medicaid Estate Recovery

A will is still valuable, but it does not replace probate-avoidance tools like Lady Bird Deeds or trusts.

Joint Ownership

Adding a child or spouse to your deed creates joint tenancy, allowing property to pass automatically at death. However:

  • The new person becomes an immediate co-owner
  • The home becomes vulnerable to their creditors, divorce, or bankruptcy
  • The beneficiary may lose their step-up in basis
  • You lose full control

Because of these risks, joint ownership is usually the least safe estate-planning strategy.

Which Option Is Best for You?

If your primary goal is to:

  • Maintain control
  • Avoid probate
  • Prevent Medicaid Estate Recovery issues
    — then a Lady Bird Deed is often the strongest choice.

If you have a complex estate, own multiple properties, or need long-term financial management for beneficiaries, a revocable living trust may be the better fit.

For most Michigan homeowners, however, a Lady Bird Deed delivers the ideal combination of flexibility, simplicity, and protection.

FAQ: Lady Bird Deed vs. Other Estate Planning Tools

1. Is a Lady Bird Deed better than a trust?

For simple estates or single-property homeowners, yes. A Lady Bird Deed is less expensive and avoids probate with fewer steps. But for complex estates or multiple properties, a trust provides more comprehensive planning.

2. Does a Lady Bird Deed avoid probate in Michigan?

Yes. Like a trust, a Lady Bird Deed completely avoids probate, allowing property to transfer instantly to beneficiaries.

3. Should I use a Lady Bird Deed or joint ownership?

Lady Bird Deeds are usually safer. Joint ownership exposes your home to another person’s financial or legal problems, while a Lady Bird Deed keeps you in full control.

4. Does Medicaid Estate Recovery affect Lady Bird Deeds?

In most cases, no. Because the property avoids probate, it is generally protected from Michigan’s Medicaid Estate Recovery Program.

5. Can a Lady Bird Deed replace a will?

No. You still need a will for your other assets. A Lady Bird Deed only affects the property listed on the deed.

6. Can I revoke or change a Lady Bird Deed?

Yes. Unlike a traditional life estate deed, a Lady Bird Deed is fully revocable and changeable during your lifetime.

7. What happens if I have property in multiple states?

A revocable living trust is usually better for multi-state property owners, since probate laws vary by state.

8. Is a Lady Bird Deed good for cottages or lake homes?

Absolutely. Many Michigan families use Lady Bird Deeds for cottages, cabins, lake houses, hunting land, and Up North property.

Talk to a Michigan Estate Planning Attorney About Your Lady Bird Deed Options

At Sumner & Associates, P.C., we help Michigan families understand their estate planning options and choose the best way to protect their homes and loved ones. Whether you’re considering a Michigan Lady Bird Deed or exploring other estate planning strategies like living trusts or joint ownership, our experienced attorneys will help you make an informed decision tailored to your goals.

Our law firm proudly serves clients throughout Michigan’s Lower Peninsula, including Oakland, Macomb, Wayne, Washtenaw, Livingston, Genesee, Ingham, Kent, Kalamazoo, and Ottawa Counties — as well as the northern Michigan lake and cottage regions. We frequently assist clients in Grand Traverse County, Antrim County (Torch Lake area), Charlevoix County (Lake Charlevoix and Boyne City), Emmet County (Petoskey and Harbor Springs), Cheboygan County (Burt Lake area), and Alpena County along Lake Huron.

Whether you own a primary home, vacation cottage, cabin, lake house, hunting camp, fishing property, or vacant land, a Lady Bird Deed in Michigan can help you maintain control during your lifetime while ensuring your property transfers smoothly and privately to your beneficiaries — without the delays and costs of probate.

If you’d like to explore whether a Lady Bird Deed or another Michigan estate planning strategy is the right fit for your needs, contact Sumner & Associates, P.C. today. We’ll help you protect what you’ve built and ensure your property passes exactly as you intend.

Call (248) 650-0055 or visit www.sumnerpc.com to schedule your free estate planning consultation.

Ladybird Deed Lawyers

Let LadyBirdDeeds.com, a proud entity under Sumner & Associates, P.C., help you with all your estate planning needs including ladybird deeds, living trusts and wills.
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