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The document is a guide for completing and filing a Michigan Enhanced Life Estate Deed, also known as a Lady Bird Deed. It provides instructions on using form fields in digital formats, details about exemptions from real estate transfer taxes, and legal disclaimers regarding the use of the forms. The deed allows grantors to retain control over the property during their lifetime while facilitating its transfer upon death.

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What is the meaning of ladybird deed?

A Lady Bird Deed is an estate planning tool that enables a Medicaid beneficiary to protect their home from the Medicaid Estate Recovery Program. It allows the home to go to a loved one as inheritance, rather than go to the states Medicaid agency as reimbursement of long-term care costs paid.

Whats the difference between a ladybird deed and a trust?

A Ladybird Deed may suffice for individuals with a single valuable asset, such as a home and a single beneficiary. However, a Revocable Trust offers a more comprehensive solution for probate avoidance for those with multiple assets and beneficiaries. In some cases, both instruments may be used together.

Can Medicaid take your house if you have a lady bird deed?

U.S. federal law allows states to claim a persons assets after their death to recover Medicaid costs for long-term care. In states where lady bird deeds are available, the property doesnt count as part of your estate and isnt subject to the Medicaid estate recovery plan, or MERP.

What assets are exempt from Medicaid estate recovery?

Assets that are generally exempt from Medicaid estate recovery include: Property jointly owned by the decedent (the deceased) and another person. Life insurance proceeds paid directly to a designated named beneficiary. Assets placed in a trust prior to the death of the decedent.

What happens if you inherit a house while on Medicaid?

Medicaid has strict income and resource limits, so an inheritance can cause a Medicaid recipient to be ineligible for benefits. At the present time a single individual is limited to $2000.00 in countable assets and all income is payable to the nursing home.

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What are the disadvantages of a lady bird deed?

Disadvantages of a Lady Bird deed If you plan to apply for a mortgage on the property, some title insurance companies may be reluctant to provide title insurance on property subject to a Lady Bird deed. You want to leave the property to more than one grantee. There is a fairly large mortgage balance on the property.

How to avoid Medicaid taking your assets?

By setting up an irrevocable Medicaid asset protection trust and transferring excess assets into it, you can shield those assets from Medicaids asset limits and potential penalties. Once assets are transferred into the trust, they cannot be withdrawn, meaning the original owner loses control permanently.