Michigan life estate deed

What a life estate deed does in Michigan

A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.

The Michigan law behind this deed

Michigan has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.

When Michigan homeowners use a life estate deed

• Pass a home to children while reserving the right to live there for life
• Start the Medicaid look-back clock on a transfer (state rules vary)
• Avoid probate on the property with a simple, long-established instrument
• Provide for a surviving spouse or partner with the remainder going to your own children

What Michigan requires on the deed

These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.

How to complete and record it in Michigan

1. 1Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
2. 2Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
3. 3Complete the deedDeedly builds it with the wording, notary certificate, and 2.5-inch first-page margin used for Michigan deeds.
4. 4Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
5. 5Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
6. 6Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.

What it costs in Michigan

Michigan charges a real estate transfer tax of State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500.

Exemptions that commonly apply to a transfer like this: consideration under $100, including a gift (county 207.505(a), state 207.526(a)), A deed from one or both spouses that creates or ends a tenancy by the entirety (county 207.505(i), state 207.526(i)), A conveyance to the grantor's child, stepchild, adopted child or grandchild, which is exempt from the state tax only (state 207.526(j), (k)), so the county tax still applies if money changes hands, A deed creating a joint tenancy where at least one of the joint tenants already owns the property (county 207.505(o), state 207.526(r)), and A corrective deed confirming title already vested in the grantee (county 207.505(l), state 207.526(n)). You have to claim the exemption. The recorder won't apply it for you.

Where to record it in Michigan

Michigan deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 83 counties in Michigan.

Many Michigan recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.

Recording offices we cover in Michigan: Wayne, Oakland, Macomb, Kent, Genesee, Washtenaw, Ottawa, Ingham, Kalamazoo, Livingston. See all Michigan recording offices.

What a life estate deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
• A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
• Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
• It is usually treated as a divestment for Medicaid purposes, unlike a lady bird deed. Get advice before using it for that purpose.

Quirks of Michigan law that catch people out

• Michigan eliminated the old two-witness requirement in 2002. A notary alone is sufficient today. Forms floating around online still show witness lines; they are outdated.
• Sign in black or dark blue ink. Michigan registers of deeds cannot accept a signature in any other color (MCL 565.201(1)(a)).
• A warranty or covenant deed must carry the county treasurer's certificate that property taxes for the last 5 years are paid, or the Register of Deeds will not record it (MCL 211.135). Quitclaim deeds and other deeds without warranty covenants are exempt.
• Within 45 days, the new owner must file a Property Transfer Affidavit (Form 2766, L-4260) with the city or township assessor, not the Register of Deeds. The transfer itself uncaps the taxable value unless MCL 211.27a(6) or (7) excludes it. If you don't file within 45 days, the assessor adjusts the value retroactively and bills the back taxes with interest, plus $5 a day (up to $200 for a principal residence, and up to $4,000 for other property that is not commercial or industrial) (MCL 211.27b).
• Michigan is one of the five lady bird deed states, and lady bird deeds are used here routinely for probate avoidance.
• A conveyance to a married couple creates a tenancy by the entirety automatically, which carries strong creditor protection.
• Michigan does not recognize transfer-on-death deeds. The lady bird deed fills that role.