Q: We had an attorney prepare Michigan Lady Bird deeds for some land but I'm concerned about how they are written.
My mom hired someone to prepare Lady Bird deeds to leave her Michigan land to her children. What the attorney has prepared is simply a quit claim deed in the first paragraph and then has an appropriate sounding Lady Bird clause below it. This is unlike other deeds I have seen where they state in the beginning that they are granting a remainder interest to the grantee and retaining a life estate. I'd like to get a second opinion on these before we file them.
A:
This is a forum for general questions. If you'd like a second opinion, you'll need to hire a local attorney to help. You can look up attorneys by practice area and location on this site. Give a call and a 'remote' review of documents is often possible
"Ladybird" deeds are often the best course, but they are not ALWAYS the best way to transfer property. Your mother should consult with an experienced estate planning attorney rather than just 'someone'. And yes, do this BEFORE you record the deed if you have doubts.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
A: You definitely need a competent attorney to check that proposed Deed. The granting clause usually controls over anything else in the Deed. So the Life Estate/Remainder language must be in the granting clause, or the grant may be of the Fee despite later inconsistent terms.
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