[MI] How do I use a lady bird deed?
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Under a properly drafted and recorded lady bird deed in Michigan (MCL 565.29):
- While both owners are alive: you and the co-owner retain full control — the named beneficiaries have no legal rights or authority.
- If one owner dies: the surviving owner retains full rights during their lifetime (the deed does not transfer ownership to the beneficiaries at that point).
- Upon the death of both owners: title passes automatically to the named beneficiaries (your two children) without probate, and they become the legal owners.
This is useful for avoiding probate while preserving your control during your lifetime. It’s critical that the deed be properly drafted and recorded with the county Register of Deeds. If the deed wasn’t prepared or reviewed by an attorney, I recommend having a local Michigan real estate or estate-planning lawyer check the language to ensure it meets Michigan requirements.
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This lady bird deed will only go to named beneficiaries if both named owners are deceased — is this true?
Can you confirm if you are one of the named owners on the deed?
Yes — I am the second named owner.
Have you consulted with a lawyer or legal professional regarding the specifics of the deed in question?
No, but we have one on another property we own which was filed by a lawyer.
Is there anything else the lawyer should know before I connect you?
I don't know. The beneficiaries only inherit the property if both owners are deceased — is that correct? If we are both deceased our beneficiaries would automatically own our home — is this true?
Hello — I’m Blake, a licensed attorney. First, how long ago did this happen and where is the property located?
We are both living at this time, just planning for the future. We purchased the home in Michigan in November 2024 and have a clear deed.
At the time both of the owners have passed, we would like our two children to automatically be on the deed as owners. They should not have any authority on the property until our passing.
Under a properly drafted and recorded lady bird deed in Michigan (MCL 565.29):
- While both owners are alive: you and the co-owner retain full control — the named beneficiaries have no legal rights or authority.
- If one owner dies: the surviving owner retains full rights during their lifetime (the deed does not transfer ownership to the beneficiaries at that point).
- Upon the death of both owners: title passes automatically to the named beneficiaries (your two children) without probate, and they become the legal owners.
This is useful for avoiding probate while preserving your control during your lifetime. It’s critical that the deed be properly drafted and recorded with the county Register of Deeds. If the deed wasn’t prepared or reviewed by an attorney, I recommend having a local Michigan real estate or estate-planning lawyer check the language to ensure it meets Michigan requirements.
Thank you — my questions have been answered.
You’re very welcome! Glad I could help.
