How do I amend a ladybird deed?
I typed up my ladybird deed. But it lists two beneficiaries. First my fiancée and second my nephew. Upon research, I found out that listing my fiancée as the first beneficiary and my nephew as second doesn’t reflect my intent.
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Since that deed does not do what you want it to do, you would need to revoke that deed by either filing a Revocation of Deed in the local land records office or by simply recording another quitclaim deed from yourself as the grantor either back to yourself as the grantee or to someone else as the grantee. That would then void out the ladybird / Enhanced Life Estate Deed.
And if you want to set up a situation where your fiancée gets use of the house for her lifetime and then it goes to your nephew, you might want to consider setting up a trust and then putting the house in the trust so you can achieve your goals.
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I typed up my ladybird deed. But it lists two beneficiaries. First my fiancée and second my nephew. Upon research, I found out that listing my fiancée as the first beneficiary and my nephew as second doesn’t reflect my intent.
Lexi, Chatbot
I understand the importance of ensuring your intentions are accurately reflected in legal documents. Have you discussed this issue with a lawyer yet?
I have not.
Lexi, Chatbot
Are you looking to revise the ladybird deed to reflect your intended beneficiaries in the correct order?
I filed my ladybird with the county of Monroe, Michigan.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your ladybird deed.
Barrister
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.
Barrister
But it lists two beneficiaries. First your fiancée and second your nephew. That means that both of those people would inherit the property equally upon your passing. Listing one beneficiary first and another person second doesn’t somehow make the first listed name the sole beneficiary.
Hi, I paid for the ladybird deed and filed it with Monroe County, Michigan. I listed my fiancée as the primary beneficiary and my nephew as the second. But the ladybird only lists two names and doesn’t list who is primary or secondary. Upon research, I have discovered that by listing two beneficiaries, my nephew could force the sale of the property and remove my fiancée from the house. I know this is expensive and unlikely, but I want to ensure that my fiancée has full life tenant protection until her death.
And that my nephew has no control of the property until her death.
I was under the impression when filling out the form it stated primary and secondary automatically, but it only lists two beneficiaries.
What do you recommend?
Barrister
Since that deed does not do what you want it to do, you would need to revoke that deed by either filing a Revocation of Deed in the local land records office or by simply recording another quitclaim deed from yourself as the grantor either back to yourself as the grantee or to someone else as the grantee. That would then void out the ladybird / Enhanced Life Estate Deed.
And if you want to set up a situation where your fiancée gets use of the house for her lifetime and then it goes to your nephew, you might want to consider setting up a trust and then putting the house in the trust so you can achieve your goals.
Would a life tenant agreement between me and my fiancée be sufficient to achieve my wishes in this situation? The reason I’m asking is if I die, my nephew could force the sale of the house to get his share of the equity as I understand it. Although this is unlikely and expensive. Me and my fiancée have a written agreement from 2021. Would this work?
Barrister
Would a life tenant agreement between you and your fiancée be sufficient to achieve your wishes in this situation? Yes.
Would a written will ensure that your fiancée has living right to the house? If you revoke the current deed and grant your fiancée a life estate in your will, yes.
Or submit a new ladybird deed with only one beneficiary? That would work too.
Would I be able to rewrite the ladybird deed that includes a life estate and life description in the deed and list my nephew as remainderman after she passes away?
And by making any changes or filing new documents, does that automatically revoke preexisting deeds or does revocation language need to be added? Thank you.
Barrister
Would you be able to rewrite the ladybird deed that includes a life estate and life description in the deed and list your nephew as remainderman after she passes away? No, you can’t do it all in one document.
And by making any changes or filing new documents, does that automatically revoke preexisting deeds? Correct.
Thank you.
Barrister
Glad to help. Be safe.
Barrister
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