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Lady Bird Deed - Everything You Ever Wanted to Know - YouTube
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A Lady Bird Deed is a widely recognized聽
effective estate planning deed it's recognized聽聽
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under Michigan common law as well as under聽
the Michigan land title standards which are聽聽
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a group of standards that the title industry聽
puts together so that the title industry can聽聽
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uh have standards relating to how they view and聽
underwrite particular deeds and under standard聽聽
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9.3 under the current sixth edition there this聽
is a life estate as i mentioned with a power聽聽
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to convey fee is the ownership interest it's a聽
legal term and it says the holder of a life estate聽聽
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coupled with an absolute power to dispose of the聽
fee the real estate by inter vivos interesting聽聽
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life estate term conveyance can convey a fee聽
simple interest during the lifetime of the holder聽聽
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if the power is not exercised the gift over聽
becomes effective that's the land title standard聽聽
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now let's go step by step by understanding the聽
deed itself the lady bird deed is really an聽聽
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interesting document because in a traditional聽
conveyance you're used to seeing a grantor聽聽
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convey to a grantee person a to person b but聽
notice here that the grantor is john doe in聽聽
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this example and they're quit claiming to聽
the grantee john doe person a to person a聽聽
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so what makes this an enhanced life estate it's聽
this magic language it talks about their rights聽聽
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under their lifetime it says that it's intended to聽
conform to the Michigan land title standard that聽聽
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we just referenced and that at death it's going聽
to go to the beneficiary in this case jane smith聽聽
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but remember they can still convey out so john聽
doe could convey out during john doe's lifetime聽聽
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and prevent jane smith from聽
ever receiving the real estate聽聽
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as we work further down this document it聽
identifies like any other deed the city the county聽聽
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the legal description the tax identification聽
number as well as the commonly known address in聽聽
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this case i have the language that talks about the聽
consideration also included here it talks about聽聽
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the exemption because it is within as we聽
talked about for uncapping purposes now again聽聽
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I鈥檓 using this for illustration purposes you have聽
to consult with an experienced attorney to make聽聽
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sure that they guide you through this document I聽
don't want anyone to simply look at this document聽聽
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and assume you can just copy the language below聽
is the signature line and under Michigan law聽聽
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the notarization that is required in addition聽
it talks about who's drafting it and where to聽聽
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return it after it's recorded as well as where聽
subsequent tax bills should go this is what a聽聽
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ladybird deed is so what do you do how do you get聽
one how do you create one at the probate pro we're聽聽
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passionate about educating people about estate聽
planning ladybird deeds probate related issues聽聽
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if you have questions about a ladybird deed if聽
you'd like an example more information about it聽聽
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if you'd like us to draft you one visit us at聽
theprobatepro.com or call us at 1-833-probate
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