Lady Bird Deeds in New Baltimore and Macomb County: A Simple Way to Avoid Probate

November 4, 2025 | Posted by: Anchor Bay Law PLLC - New Baltimore Trusted Lawyers

Lady Bird Deeds: What Is It?

Owning a home in Michigan is one of life’s biggest milestones. But what happens to that home after you’re gone? Too often, families in Macomb County, New Baltimore, and surrounding areas find themselves caught in the long and stressful process of probate simply because the homeowner never set up a clear plan for transferring property. One of the most overlooked but incredibly effective tools available in Michigan is the Enhanced Life Estate Deed, often called a Lady Bird Deed.

This document can help your loved ones avoid probate court, save money, and take control of their inheritance without unnecessary legal battles. Here’s a full look at what a Lady Bird Deed is, how it works in Michigan, and why every homeowner should consider having one. For a broader plan that includes wills and trusts, see our Estate Planning services.

Understanding What a Lady Bird Deed Is

A Lady Bird Deed, also called an Enhanced Life Estate Deed, is a legal document that allows Michigan homeowners to name a beneficiary who will automatically inherit the property after the owner passes away. The key advantage is that this transfer happens outside of probate, which is the formal court process required to settle an estate. To learn more about how probate works and when it applies, visit our page on Probate and Estate Administration.

In Michigan, an LBD, more formally the “Enhanced Life Estate Deed” or “Life Estate with Remainder to Survivor Deed,” functions similarly to naming a beneficiary on a life insurance policy or bank account. You remain in full control of your property while you are alive. You can sell it, refinance it, or revoke the deed at any time. But when you pass away, ownership transfers automatically to the beneficiary named in the deed. All you have to do is record the death certificate of the prior owner with the county register of deeds. It is one of the simplest estate planning tools for homeowners who want to make sure their property goes directly to loved ones without delay.

How a Lady Bird Deed Works in Michigan

To create a valid Lady Bird Deed in Michigan, you must:

• Be the legal owner of the property
• Complete and sign the deed
• Record the deed with the county register of deeds

It is critical that the deed is properly recorded in the same county where the property is located. For homeowners in New Baltimore, Chesterfield, Lenox Township, New Haven, and Harrison Township, that means recording it with the Macomb County Register of Deeds. If you live in Ira Township, Clay Township, Casco Township, Richmond, Marine City, or Harsens Island, the deed must be recorded with the St. Clair County Register of Deeds.

Once properly filed, your beneficiary will not have any ownership rights during your lifetime. They only gain full ownership when you pass away, if you still own the property. You are still free to sell it during your lifetime, and if you do, the beneficiary rights are extinguished. This allows you to maintain control of your home and keep your estate planning flexible.

Why a Lady Bird Deed Can Help You Avoid Probate

Probate is often slow, public, and costly. Families can wait months or even years to resolve property issues. Probate fees, attorney costs, and court filings can easily consume thousands of dollars from an estate.

A Lady Bird Deed allows your home to pass directly to your named beneficiary without ever entering the probate process. This can mean:

• Faster transfer, your beneficiary records a death certificate and receives title within weeks instead of months
• Lower costs, no need for court appointed representatives or probate attorney fees

In simple terms, it is one of the easiest ways to protect your family from unnecessary legal hassle. If you are unsure whether probate would still be required in your situation, our Probate services page explains the process in more detail.

The Difference Between Lady Bird Deeds, Joint Ownership, and Living Trusts

Many Michigan homeowners use different tools to transfer property, and each has its own benefits. Here is how a Lady Bird Deed compares:

Joint Ownership: If two people own a home jointly with rights of survivorship, the surviving owner automatically inherits the property when one dies. However, if both owners pass, or if the property is owned individually, probate may still be required.

Living Trust: A living trust can also avoid probate, but it usually requires more setup, legal drafting, and ongoing management. It is a powerful tool, but it is often more than some homeowners need. Learn more about when a trust makes sense on our Estate Planning page.

Lady Bird Deed: It is simple, affordable, and does not affect your ownership rights while alive. It is particularly beneficial for single homeowners, widows, and seniors who want to ensure their property passes smoothly to a child, grandchild, or other relative.

Common Mistakes Homeowners Make with Lady Bird Deeds

Even though Lady Bird Deeds are relatively straightforward, several mistakes can make them invalid or cause problems later. The most common include:

• Listing unclear or multiple beneficiaries without proper legal structure
• Confusing it with a will, which does not override real property records

Working with an experienced Michigan estate planning attorney ensures your document is legally valid and fully compliant. For help creating a deed that fits your broader plan, visit Estate Planning, Wills, and Trusts.

Tax Implications and Liens

A common question is whether a Lady Bird Deed affects taxes. In most cases, it does not change your property taxes during your lifetime. After your death, your beneficiary will inherit the home at a stepped up tax basis, which can help minimize capital gains if they later sell the property.

However, any outstanding liens or mortgages on the property will still transfer with the home. Beneficiaries should be aware of this when accepting the transfer.

The Role of an Estate Planning Attorney

While Michigan law allows you to fill out a Lady Bird Deed yourself, it is wise to work with a knowledgeable attorney to ensure every step is correct. Minor errors or unclear wording can cause disputes or force the property back into probate court.

An attorney from Anchor Bay Law can review your entire estate plan to make sure your Lady Bird Deed aligns with your will, trust, and other documents. This holistic approach can prevent future conflicts between beneficiaries and help your family avoid costly mistakes.

Who Should Consider a Lady Bird Deed

You may benefit from a Lady Bird Deed if you:

• Own real estate solely in your name or with your spouse
• Want a simple way to pass property to a specific person
• Do not have somewhat more complex estate assets that require a trust
• Wish to reduce probate costs for your loved ones

Homeowners in New Baltimore, Chesterfield, throughout Macomb County, and St. Clair County are increasingly using Lady Bird Deeds as part of modern estate planning.

Why Michigan Homeowners Are Adopting Lady Bird Deeds

In the past few years, attorneys across the state have seen a significant rise in clients choosing Lady Bird Deeds. The benefits are hard to ignore, low cost, privacy, simplicity, and speed. It is particularly attractive to retirees who want to keep their affairs organized without paying the higher legal fees of establishing a trust.

However, it is also important to note that Lady Bird Deeds are not right for everyone. If you have multiple properties, blended family dynamics, or complex business interests, a living trust or will based plan may still be the better fit. That is why it is critical to get professional guidance before making any final decisions.

Building a Complete Estate Plan

A Lady Bird Deed is just one piece of a complete estate strategy. For many Michigan families, it works best alongside a will, power of attorney, and healthcare directive. These documents together ensure that your wishes are respected both while you are alive and after your passing.

If you have not yet established a will or trust, now is the time to do so. You can learn more by visiting Anchor Bay Law’s Estate Planning page for guidance on creating a comprehensive plan that fits your family’s needs. If you have questions about when a court proceeding is still necessary, see our Probate services. For property specific questions such as title issues or closings, see Real Estate Law.

How Anchor Bay Law Can Help

At Anchor Bay Law, the team regularly helps homeowners in New Baltimore, Chesterfield, Lenox Township, New Haven, Harrison Township, Ira Township, Clay Township, Casco Township, Richmond, Marine City, and Harsens Island prepare Lady Bird Deeds as part of a complete estate plan. The firm ensures every document is drafted correctly and recorded with the appropriate county office, so families can feel confident their property will be transferred smoothly.

Whether you are planning for the future or need help updating existing documents, the attorneys at Anchor Bay Law can walk you through each step with care and professionalism. Contact Anchor Bay Law today to schedule a consultation and learn how a Lady Bird Deed can protect your property and your loved ones.

Back to Main Blog Page