Protect Your Michigan Home From Probate and Family Conflict
Protection Trust is a new way to protect your Michigan home for your family. No probate. No forced co-ownership. No family conflict over what happens next. Our guided process helps you create a purpose-built trust structure — with attorney oversight — so your home passes smoothly, expenses are covered, and your wishes are clear.
The Home Protection Trust combines a Michigan Enhanced Life Estate Deed (Lady Bird Deed) with a special-purpose revocable trust, comprehensive trustee instructions, and administration guidance — all prepared by a licensed Michigan attorney.
What Is a Michigan Lady Bird Deed (Enhanced Life Estate Deed)?
A Lady Bird Deed — formally called an Enhanced Life Estate Deed — is a Michigan-specific deed that lets a homeowner transfer property automatically at death while keeping full control during their lifetime. Unlike a traditional life estate deed, a Lady Bird Deed lets you retain full control, including the right to sell, mortgage, or revoke the deed entirely, and it does not trigger the Medicaid look-back period.
Lady Bird Deed Frequently Asked Questions
Can I change my mind after signing a Lady Bird Deed?
Yes. A Lady Bird Deed (Enhanced Life Estate Deed) is fully revocable during your lifetime. You can change the beneficiary, sell the property, refinance, or completely revoke the deed at any time — all without needing permission from the named beneficiary.
Does a Lady Bird Deed affect my property taxes in Michigan?
No. Because you retain full ownership during your lifetime, a Lady Bird Deed does not trigger a property tax uncapping event. The transfer only occurs at death, at which point Michigan's normal transfer rules apply.
What's the difference between a Lady Bird Deed and a regular life estate deed?
With a traditional life estate deed, you give up significant control — you typically cannot sell or refinance without the beneficiary's consent, and the transfer triggers Medicaid's 5-year look-back period. A Lady Bird Deed lets you retain full control, including the right to sell, mortgage, or revoke the deed entirely, and it does not trigger the Medicaid look-back.
Why does a regular life estate trigger Medicaid look-back but a Lady Bird Deed doesn't?
The key difference is control. A traditional life estate is considered a completed gift because you've irrevocably transferred the remainder interest to your beneficiary. A Lady Bird Deed retains a special power that allows you to revoke or change the transfer at any time, so no completed gift occurs until your death — after the look-back period no longer applies.
Can I add my child to the deed instead of using a Lady Bird Deed?
You can, but there are significant drawbacks. Adding a child as a joint owner or transferring ownership outright means: (1) immediate loss of full control, (2) triggering Medicaid's 5-year look-back, (3) exposure to your child's creditors, divorce, or lawsuits, and (4) loss of the step-up in basis for capital gains. A Lady Bird Deed avoids all of these issues.
What is the step-up in basis and why does it matter?
When you gift property during your lifetime, the recipient inherits your original cost basis. For example, if you bought your home for $50,000 and it's now worth $300,000, a lifetime gift means they could owe capital gains tax on $250,000 when they sell. But with a Lady Bird Deed, property transfers at death with a "step-up" to current fair market value — potentially eliminating capital gains tax entirely.
Do I need an attorney to create a Lady Bird Deed in Michigan?
While Michigan law doesn't require an attorney, Lady Bird Deeds must be drafted precisely to be effective. Errors in vesting language, the enhanced powers clause, or other deed provisions can invalidate the deed or create unintended consequences. The Home Protection Trust includes a properly drafted Lady Bird Deed prepared by a licensed Michigan attorney.
How the Michigan Lady Bird Deed & Home Protection Trust Works
Step 1: Complete the Guided Interview
Our structured interview collects all necessary information about you, your property, and your planning preferences. Save your progress and complete at your own pace.
Step 2: Attorney Review & Document Preparation
A licensed Michigan attorney reviews your submission for accuracy, prepares your documents, and may request clarifications if needed.
Step 3: Document Generation
Upon attorney approval, your complete planning document packet is generated including: Home Protection Trust Agreement, Michigan Enhanced Life Estate Deed (Lady Bird Deed), and Trustee Instruction Materials.
Step 4: Document Release & Execution
Once released, you receive access to download your complete document packet with instructions for proper execution, notarization, and recording.
Frequently Asked Questions About the Home Protection Trust
What is a Lady Bird Deed?
A Lady Bird Deed (formally called an Enhanced Life Estate Deed) is a Michigan-specific deed that lets a homeowner transfer property automatically at death while keeping full control during their lifetime. The Home Protection Trust uses a Lady Bird Deed in combination with a trust structure to provide additional protections and administration guidance.
What is the Home Protection Trust?
The Home Protection Trust is a proprietary, special-purpose trust designed specifically for one asset: your primary residence. It combines a revocable trust with a Lady Bird Deed (Enhanced Life Estate Deed) and comprehensive trustee instructions based on five key pillars: trustee-led administration, liquidity planning, right of first refusal, defined trustee authority, and creditor protection.
Is this a full estate plan?
No. The Home Protection Trust is a special-purpose trust focused specifically on your family home. It is not a comprehensive estate plan and does not address other assets, retirement accounts, life insurance beneficiaries, or healthcare directives.
How is this different from a comprehensive revocable trust?
A comprehensive revocable trust governs every asset and is more than most people need. The Home Protection Trust bridges the gap — a focused trust structure that pairs with your Lady Bird Deed to provide built-in trustee guidance, liquidity planning, right of first refusal, defined authority, and creditor protection for beneficiaries.
Do I need a lawyer?
Yes. While our platform guides you through a structured interview to gather your information, all documents are prepared by an independent Michigan-licensed attorney.
What documents will I receive?
You'll receive a complete packet including: the Home Protection Trust agreement, a Michigan Enhanced Life Estate Deed (Lady Bird Deed), Certificate of Trusteeship, and a comprehensive Trustee Packet with instructions, notices, and forms your trustee will need.
Can family members be my trustees?
Yes. Married clients typically serve as co-trustees with their spouse. Most clients name an adult child or other trusted family member as their successor trustee. The trust includes detailed instructions designed specifically for family member trustees — no legal or financial background required.
Why use a trust if I only have one beneficiary?
Even with a single beneficiary, a trust structure provides valuable protections. Without a trust, inherited property becomes the beneficiary's personal asset — potentially exposed to their divorce proceedings, creditor claims, lawsuits, or bankruptcy.
What is the Right of First Refusal (ROFR)?
The ROFR is an optional feature that gives one or more beneficiaries the right to purchase the home at fair market value before it's sold to an outside buyer. This allows a family member to keep the home in the family.
How does the Home Protection Trust relate to long-term care and Medicaid?
During your lifetime, the Lady Bird Deed within the Home Protection Trust structure helps maintain your home's exempt status for Medicaid purposes — you retain full control, and the home is not considered a transferred asset. Under current Michigan law, the Lady Bird Deed also transfers the property outside of probate at death, which may help avoid Medicaid estate recovery.
Who pays the mortgage, taxes, and bills on the home after death?
This is one of the most overlooked challenges in estate planning. The Home Protection Trust includes liquidity planning guidance and ensures your trustee has the authority to manage these expenses and make decisions without requiring unanimous agreement from all beneficiaries.
What is the step-up in basis and how does it save on capital gains taxes?
When you gift property during your lifetime, the recipient inherits your original cost basis. With a Lady Bird Deed, property transfers at death with a "step-up" to current fair market value — meaning little to no capital gains tax if sold at that value.
Is the Home Protection Trust revocable or irrevocable?
The Home Protection Trust is fully revocable during your lifetime. You retain complete control — you can sell the property, change beneficiaries, modify the trust terms, or revoke it entirely.
Can I make changes after signing?
Yes. Because both the Lady Bird Deed and the Home Protection Trust are revocable, you can amend or revoke them at any time during your lifetime.
Is my information secure?
Yes. We use industry-standard encryption and security practices. Your information is stored securely and only shared with the engaged attorney assigned to your submission.
About Protection Collective
We're building tools that make thoughtful home transition planning accessible to Michigan families — without the confusion, conflict, or cost of traditional approaches. Too many families face unnecessary conflict, expense, and legal complexity when a loved one passes. The family home — often the most significant asset — becomes a source of stress rather than security. We believe there's a better way.