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18 Quinnipiac Prob. L.J. 247 (2004-2005)
In the Matter of the Estate of Doloras Ann Davis - Probate Court, Wayne County - March 29, 2005

handle is hein.journals/qplj18 and id is 255 raw text is: THE QUINNIPIAC PROBATE LAW JOURNAL VOLUME 18 2005 NUMBER 3 & 4 OPINION OF THE MICHIGAN PROBATE COURT IN THE MATTER OF THE ESTATE OF DOLORES ANN DAVIS PROBATE COURT, WAYNE COUNTY MARCH 29, 2005 Dolores Ann Davis passed away on May 8, 2004. Davis was survived by two daughters. At the time of her death, Davis owed Dearborn Federal Credit Union (DFCU) $3,239.15. Prior to her death, Ms. Davis executed a quitclaim deed that conveyed her home to her two daughters and reserved a life estate with full power of dispo- sition, power to sell, rent, and profits thereof. DFCU petitioned the Probate Court, seeking to have said Court appoint DFCU's attorney as the personal representative for the Estate of Ms. Davis and to set aside said deed as fraudulent. The Probate Court denied DFCU's pe- tition, and subsequent request for reconsideration, because under Michigan law, this type of deed is not a transfer within the meaning of the Uniform Fraudulent Conveyances Act. 1. Lady Bird Deed A deed in which the grantor reserves a life estate with full power of disposition, power to sell, rent and profits thereof is com- monly known as a Lady Bird deed. 2. Enhanced Life Estate Deed The more accurate way to define a Lady Bird deed is to clas- sify the conveyance as an Enhanced Life Estate Deed.

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