“You Don’t Need an Estate Plan. Just Get a Lady Bird Deed.”
The Most Common Estate Planning Advice on Facebook May Be the Most Incomplete.
By Professor Patrick M. Simasko, Elder Law Attorney
It happens almost every day. Someone posts in a local Facebook group:
“Can anyone recommend a good estate planning attorney?”
Within minutes, the comments start pouring in.
“You don’t need an attorney.”
“Don’t waste your money on a trust.”
“All you need is a Lady Bird deed.”
“A will is enough.”
“My parents did a Lady Bird deed and everything worked out fine.”
At first glance, the advice sounds reasonable.
After all, Lady Bird deeds are wonderful estate planning tools. I prepare them regularly for clients because, in the right circumstances, they can avoid probate, preserve complete control of your home during your lifetime, and, in Michigan, may also help avoid Medicaid estate recovery.
But here’s what almost never happens in those Facebook conversations.
Nobody asks a single question.
No one asks:
“What if one of your children dies before you?”
“What if one of your children has a disability and receives government benefits?”
“What if your son is going through a divorce?”
“What if your daughter has creditor problems?”
“What if one of your grandchildren is raising a child with special needs?”
“What if you own property in another state?”
Instead, the discussion almost always focuses on one issue:
How do you avoid probate?
Avoiding probate is certainly an important goal.
But it is only one goal.
Estate planning is about much more than getting your home from Point A to Point B.
It is about making sure your family receives your property the way you intended, even when life doesn’t unfold according to plan.
Consider this example.
Mom signs a Lady Bird deed leaving her home equally to her two children, David and Susan.
Five years later, Susan dies, leaving two children of her own.
Mom never changes the deed.
When Mom later dies, who should receive Susan’s share of the house?
David?
Susan’s children?
Most parents answer that question immediately.
The problem is that many parents never realized they were supposed to answer it before they signed the deed.
In Michigan, there is no published appellate decision squarely answering that question for every Lady Bird deed. Depending on the language used and how the law develops, the result may not be what Mom expected.
That’s exactly why estate planning isn’t simply filling out forms.
The value of an experienced estate planning attorney isn’t the paper they prepare.
It’s the questions they ask before they prepare it.
Sometimes the right answer is a Lady Bird deed.
Sometimes it’s a trust.
Sometimes it’s a will combined with beneficiary designations and powers of attorney.
The right answer depends on your family—not on a Facebook comment.
The next time you see someone ask for an estate planning attorney and dozens of strangers immediately reply, “Just get a Lady Bird deed,” remember what’s missing from that conversation.
No one knows whether that person has a blended family.
No one knows whether they have a child with special needs.
No one knows whether they own property in another state.
And no one knows the answer to perhaps the most important question of all:
If one of your children dies before you, who do you want to receive that child’s share?
That’s not a question Facebook can answer.
But it’s exactly the kind of question your estate planning attorney should ask before you ever sign a deed.
Make Sure Your Deed Fits Your Entire Estate Plan
A Lady Bird deed can be a valuable tool, but only when it is drafted to reflect your property, your family and what you want to happen when circumstances change.
If you have a Lady Bird deed—or are considering one—the attorneys at Simasko Law can review your situation, identify issues that may have been overlooked and help you build a Michigan estate plan that carries out your wishes.
Contact Simasko Law today to schedule a consultation and make sure your estate plan protects the people who matter most.
This article is for general informational purposes only and does not constitute legal advice. The effect of any deed or estate-planning document depends on its language and the circumstances involved.