Executor Briefing — Showcase-v11 MI Grosse Pointe

Estate ID: fe9f4d69-2df9-4cdf-b95a-2fdadabe316f

Prepared by MemoryExecutor | Governing Law: Michigan EPIC (MCL 700.1101 et seq.) | April 9, 2026

SECTION 1 — ESTATE SUMMARY

Key Facts:

• Property is a 1951-built, 2-story single-family residence; 2,969 SF living area; 3 full / 1 half baths; 2-car garage; 2 fireplaces; 812 SF basement; owner-occupied; quality rating: Good. [Source: ATTOM]
• Legal description: SHP 5B WLY 105 FT OF LOT 5 LAKE SHORE LANE SUB PC 631 L70 P38, 39 WCR. [Source: ATTOM]
• No owner name, no sale history, and no chain of title have been confirmed from any national data source. Ownership may be held in a revocable living trust, LLC, or via non-market transfer — all consistent with the absence of ATTOM sale-history data. Neighboring comparable (5 Lake Shore Ln) sold December 2024 through a trustee. [Source: WillGuardian / Exa]
• Address discrepancy exists: estate intake notes list "15 Lakeshore Dr" — the legally confirmed address is 15 Lake Shore Ln. All filings must use the corrected address.
• No foreclosure detected; no junior liens confirmed. [Source: ATTOM / DebtSentinel]
• Michigan has no state estate or inheritance tax; federal estate tax ($13.99M federal exclusion, 2026) is unlikely to apply at this valuation.

SECTION 2 — RISK ASSESSMENT

Estate-Readiness Score: 2 / 10

Justification: The estate scores 2/10 because the most fundamental facts — owner identity, vesting type, deed type, and trust-funding status — are entirely unconfirmed. Every material risk (probate exposure, MERP liability, lender identity, HOA lien, tax uncapping) is contingent on records that have not yet been pulled. Two upstream agents flagged CRITICAL issues: (1) the property may not be funded into any trust and could fall into full probate; and (2) Michigan has no TOD deed — if no Lady Bird deed has been recorded, there is no non-probate transfer mechanism in place. Layered on top, an unknown MERP claim could be large enough to invert the estate from solvent to insolvent. The estate cannot progress on any distribution planning until Wayne County Register of Deeds records are obtained.

SECTION 3 — PROPERTY DOSSIER

Property: 15 Lake Shore Ln, Grosse Pointe Shores, MI 48236

Physical Profile

Valuation & Equity

⚠️ Critical Caveat: The $341,582 mortgage figure is ATTOM's amortized model — not a lender-confirmed payoff. Actual payoff may differ due to rate adjustments, missed payments, accrued fees, or prepayment penalties. A verified payoff statement must be obtained before any waterfall model is relied upon.

Title Status

Overall Title Classification: 🚨 FLAG — TITLE-DEPENDENT

All title resolution depends on pulling deed and lien index records from Wayne County Register of Deeds (400 Monroe St, 7th Floor, Detroit, MI 48226; waynecountylandrecords.com; (313) 224-5850).

SECTION 4 — CREDITOR PAYMENT SEQUENCE

Governing Statute: MCL 700.3805 (Michigan EPIC)

Michigan law mandates the following payment priority when estate assets are insufficient to satisfy all claims. Secured liens (mortgages) are senior to the statutory priority waterfall and are paid from encumbered property before the probate estate is distributed.

Creditor Waterfall Model

GROSS ESTATE (AVM):                                    $764,894
  Less: First Mortgage (senior lien, outside waterfall): -$341,582
                                                        ──────────
Net Probate Estate (pre-allowances):                    $423,312

CLASS (a)  Administration Costs (~3% estimate):          -$22,947
CLASS (b)  Funeral & Burial (reasonable estimate):       -$12,000
CLASS (c)  Homestead Allowance [MCL 700.2402]:           -$25,000
CLASS (d)  Family Allowance [MCL 700.2403]:              -$29,000
CLASS (e)  Exempt Property Allowance [MCL 700.2404]:     -$25,000
                                                        ──────────
Available After Pre-Priority Allowances:                 $309,365

CLASS (f)  Medicaid Estate Recovery (MDHHS MERP):     ⚠️ UNKNOWN
CLASS (g)  Last Illness Medical & Hospital:           ⚠️ UNKNOWN
CLASS (h)  State & Local Taxes (incl. property tax):    ~$11,390+
CLASS (i)  General Unsecured Creditors:               ⚠️ UNKNOWN
                                                        ──────────
Estimated Residual to Beneficiaries:                   ~$297,975
                                            (before Classes f, g, i)

⚠️ Solvency Status: CONDITIONALLY SOLVENT — MERP-CONTINGENT. The estate is solvent on identified liabilities. However, if the decedent had extended long-term care Medicaid coverage (e.g., 3+ years at $8,000–$12,000/month = $288K–$432K in paid claims), MDHHS MERP could consume the majority or entirety of the ~$297,975 residual, inverting the estate to insolvent. [Source: DebtSentinel]

MCL 700.3805 — Priority Classes in Full

Michigan Medicaid Estate Recovery Program (MERP) — Mandatory Notice

Program: Michigan Medicaid Estate Recovery Program (MMERP) Agency: Michigan Department of Health and Human Services (MDHHS), Third Party Liability Division 📞 Phone: 1-800-642-3195 📬 Mailing Address: P.O. Box 30053, Lansing, MI 48909 🌐 Website: michigan.gov/mdhhs → Estate Recovery Statute: MCL 400.112g; MCL 400.112h; 42 USC 1396p Recovery Scope: Probate estate ONLY — Michigan is a probate-estate-only recovery state (does not use expanded estate recovery) Trigger: Decedent age 55+ who received LTC Medicaid services (nursing facility, home/community-based, related hospital/Rx) after September 30, 2007 Notice Deadline: Known creditors, including MDHHS, must receive actual written notice — publication alone is legally insufficient [MCL 700.3801] Hardship Waiver: Available — must be applied for within 60 days of MDHHS notice MERP Shield: If a valid Lady Bird deed was recorded or property is held in JTWROS or a funded revocable trust, property passes outside probate and MERP cannot recover against it [MCL 400.112h] Precedent: In re Estate of Nothnagel — MMERP claim at Class (f) outranks attorney fees in priority order

🚨 Immediate Action Required: Contact MDHHS at 1-800-642-3195 to determine whether a Medicaid claim will be asserted. Do not finalize any estate plan, trust administration, or distribution without first quantifying or clearing MERP liability.

Creditor Claims Deadlines

SECTION 5 — DOCUMENT DEFICIENCIES

A. Will Execution Issues

No will was provided for review. The following Michigan execution requirements cannot be verified:

Risk: A defectively executed will invites contest. Michigan's harmless error doctrine [MCL 700.2503] sets a high evidentiary bar — clear and convincing evidence of testamentary intent — and litigation under that standard is costly and uncertain.

B. Trust Funding Gaps

No trust documentation was provided. However, ATTOM's failure to return any owner name — combined with the trustee-sale pattern observed on adjacent properties — is consistent with ownership held inside a revocable living trust (RLT).

Michigan UTC Compliance (MCL 700.7101 et seq.):

• Revocable trusts are fully governed by Michigan's Uniform Trust Code
• Successor trustee must have clear authority to manage, sell, and distribute real property
• Trust instrument must contain express authorization for real estate transactions
• If decedent was both grantor and sole trustee, a successor trustee must be identified and able to act immediately at death

C. Ancillary Document Gaps

SECTION 6 — 30-ACTION CHECKLIST

Actions are ordered by urgency: 🔴 Immediate (do now) · 🟠 30-Day · 🟡 60-Day · 🟢 90-Day.

1. Pull deed image from Wayne County Register of Deeds for APN 74 003 06 0005 002 — confirm owner name(s), vesting language, deed type, and recording date (waynecountylandrecords.com or in person: 400 Monroe St, 7th Floor, Detroit, MI 48226; (313) 224-5850) 🔴
2. Run Wayne County ROD mortgage and lien index against APN 74 003 06 0005 002 — identify first mortgage lender, recording date, instrument type, and loan terms 🔴
3. Contact MDHHS MERP immediately at 1-800-642-3195 (P.O. Box 30053, Lansing, MI 48909) to determine whether a Medicaid estate recovery claim will be asserted and to quantify potential Class (f) exposure [MCL 400.112g] 🔴
4. Confirm Lady Bird deed status from Wayne County ROD deed search — if a valid Lady Bird deed is recorded, property passes outside probate and MERP cannot recover against it [MCL 400.112h] 🔴
5. Correct all estate documents, court filings, and correspondence to use the legally confirmed address: 15 Lake Shore Ln, Grosse Pointe Shores, MI 48236 (not "15 Lakeshore Dr") — APN 74 003 06 0005 002 is the authoritative property identifier 🔴
6. Obtain verified mortgage payoff statement from the confirmed lender — do not rely on the ATTOM amortized estimate of ~$341,582 for any distribution planning or closing waterfall 🔴
7. Verify property tax currency with Wayne County Treasurer at (313) 224-5990 — confirm no delinquency or tax forfeiture notice under MCL 211.78; three or more years of delinquency triggers county tax foreclosure 🔴
8. If the property is held in a revocable living trust, obtain the trust instrument and confirm the property was properly deeded into the trust; if not, determine whether a Lady Bird deed or probate proceeding is required [MCL 700.7101] 🔴
9. Determine decedent's marital status at death — if a surviving spouse exists, calendar the 63-day elective share election deadline from the later of claims presentment or inventory service [MCL 700.2202(3)] 🟠
10. Obtain and review the executed will — verify two competent witness signatures, testator signature, self-proving affidavit, and dating requirements [MCL 700.2502; MCL 700.2504] 🟠
11. Cross-check all will witnesses against the beneficiary list to screen for interested witness conflicts that could forfeit bequests [MCL 700.2505] 🟠
12. Request last illness medical and hospital billing records from all providers — quantify Class (g) creditor exposure before any estate distribution is planned [MCL 700.3805(g)] 🟠
13. Search Wayne County ROD for any UCC fixture filings, PACE assessment liens, or solar panel financing agreements against APN 74 003 06 0005 002 [MCL 460.931 et seq.] 🟠
14. Identify the Lake Shore Lane community association (if any) and confirm dues are current; obtain any recorded declaration or assessment lien against the property 🟠
15. Conduct a federal and Michigan Treasury tax lien search against the owner's name once confirmed — IRS NTLA and Michigan Department of Treasury lien indices 🟠
16. Confirm Principal Residence Exemption (PRE) filing status with Wayne County Assessor — ensure PRE is active and plan for preservation during grantor's lifetime and at transfer 🟠
17. Analyze proposed beneficiary(ies) for property tax uncapping exposure under MCL 211.27a — transfers to qualifying spouses and certain trusts are exempt; transfers to children and non-qualifying parties trigger full uncapping and potential doubling of annual taxes 🟠
18. Confirm whether a Durable Power of Attorney exists and expressly states durability — a non-durable POA terminates at incapacity under Michigan law [MCL 700.5501(1)] 🟠
19. Confirm whether a Patient Advocate Designation exists per Michigan law — "living wills" are not legally binding in Michigan; the Patient Advocate must separately sign acceptance of the designation [MCL 700.5506–700.5520] 🟠
20. Review plat L70 P38–39 WCR for platted easements, riparian rights, and lake access strips — Lake St. Clair corridor properties frequently have recorded access, view, or dock easements affecting title marketability 🟡
21. Screen Wayne County Circuit Court civil judgment index against the confirmed owner name(s) for any outstanding personal judgments that may have attached as real property liens 🟡
22. Order a full title search through a licensed Michigan title company or title attorney to produce a complete chain of title, encumbrance schedule, and title commitment for APN 74 003 06 0005 002 🟡
23. Engage a Wayne County probate attorney to assess whether supervised or independent administration is appropriate — estate AVM of $764,894 far exceeds the $53,000 small estate threshold; full probate in Wayne County Probate Court is required if property is not in trust or covered by a Lady Bird deed [MCL 700.3982–3983] 🟡
24. If trust administration path is confirmed, identify and notify the successor trustee, provide the trust instrument to the title company, and prepare a trustee's affidavit or certification of trust for real estate transactions [MCL 700.7913] 🟡
25. Add express RUFADAA/FADAA digital asset authorization language to all governing instruments (will, trust, POA) to grant fiduciary access to digital accounts, online financial platforms, and electronic communications [MCL 700.1001–700.1012] 🟡
26. Obtain a complete appraisal (not just AVM) from a Michigan-licensed appraiser to establish the date-of-death fair market value for estate tax basis, estate inventory, and any future capital gains calculations 🟡
27. Apply the hardship waiver if MDHHS MERP asserts a recovery claim — the application must be submitted within 60 days of the MDHHS notice; document financial hardship for any surviving household members 🟡
28. Confirm whether the estate includes any non-probate assets (POD accounts, retirement accounts, life insurance, joint tenancy property) and compile a complete inventory to assess total estate distribution and any pour-over will provisions 🟢
29. Ensure all estate administration notices comply with MCL 700.3801 — known creditors (including MDHHS) must receive actual written notice; certified mail to last known address is the minimum standard; publication in a local newspaper of general circulation is required for unknown creditors 🟢
30. Prepare the estate inventory (PC 583 form for Wayne County Probate Court if probate is required) and file within 91 days of appointment of the personal representative — inventory must include all probate assets at date-of-death fair market value [MCL 700.3706] 🟢

SECTION 7 — ATTORNEY ACTION ITEMS

The following are specific next steps requiring legal counsel, ordered by priority. All citations are Michigan law.

🔴 PRIORITY 1 — Confirm Ownership and Vesting via Wayne County ROD

Action: Obtain deed image and lien index from Wayne County Register of Deeds for APN 74 003 06 0005 002. This resolves the foundational gap underlying every material risk in this estate. Statutes: MCL 700.3201 (probate venue and jurisdiction); MCL 700.7101 et seq. (trust administration); MCL 554.43 et seq. (tenancy by entirety) Contact: Wayne County Register of Deeds, 400 Monroe St, 7th Floor, Detroit, MI 48226 | (313) 224-5850 | waynecountylandrecords.com Outcome Determines: Owner identity, vesting type, trust funding status, Lady Bird deed status, and mortgage lender identity

🔴 PRIORITY 2 — MERP Inquiry and Claim Quantification

Action: Contact MDHHS Third Party Liability Division at 1-800-642-3195 to disclose the death, identify whether Medicaid benefits were received at age 55+, and obtain the formal MERP claim amount or clearance letter. Statute: MCL 400.112g (recovery scope — probate estate only); MCL 400.112h (non-probate assets excluded); 42 USC 1396p (federal mandate) Critical Analysis: Extended LTC Medicaid coverage (3+ years at $8,000–$12,000/month) could generate a Class (f) MERP claim of $288,000–$432,000 — sufficient to consume the entire ~$297,975 residual estate and render the estate insolvent. No distribution planning should proceed before MERP is resolved. Shield Strategy: If a valid Lady Bird deed is confirmed at Wayne County ROD, this $764,894 property passes entirely outside probate, MERP cannot recover against it, and this risk is eliminated.

🔴 PRIORITY 3 — Determine Probate vs. Trust vs. Lady Bird Deed Administration Path

Action: Once ownership is confirmed, determine which of three administration paths applies:

• (a) Funded Revocable Living Trust: Successor trustee administers under MCL 700.7101 et seq.; no probate; 30–90 day resolution typical
• (b) Lady Bird Deed: Property transfers at death to named remaindermen without court involvement; confirm deed expressly retains grantor's right to convey, mortgage, or revoke without remainderman consent; verify no uncapping under MCL 211.27a(7)(c)
• (c) Probate Required: If neither (a) nor (b) applies, file in Wayne County Probate Court; minimum 5-month creditor period [MCL 700.3801]; realistic 12–18 month timeline; PR and attorney fees typically 3–5% of estate value Statute: MCL 700.3201; MCL 700.7101; MCL 700.3801; MCL 700.3806

🔴 PRIORITY 4 — Verify Mortgage and Obtain Payoff

Action: Identify lender from Wayne County ROD mortgage index; obtain verified payoff statement before any estate closing, trust distribution, or property transfer. Statute: MCL 700.3805 (secured creditor is senior to all EPIC priority classes and must be paid from property proceeds before any distribution); MCL 700.3707 (PR duty to pay claims) Due-on-Sale Risk: Certain property transfers (including into or out of certain trusts) may trigger a due-on-sale clause; confirm with lender whether a transfer is exempt under the Garn-St. Germain Act (12 USC 1701j-3)

🟠 PRIORITY 5 — Will Review and Contested Will Risk Assessment

Action: Obtain executed will; verify MCL 700.2502 compliance (two witnesses, testator signature); confirm self-proving affidavit [MCL 700.2504]; screen witnesses against beneficiaries for MCL 700.2505 interested-witness conflicts. Statute: MCL 700.2502 (execution); MCL 700.2503 (harmless error — requires clear and convincing evidence); MCL 700.2504 (self-proving); MCL 700.2505 (interested witness) Risk: A non-self-proving will requires live witness testimony at probate, which is logistically burdensome. A defectively executed will can only be saved by MCL 700.2503's harmless error doctrine — an expensive, contested proceeding.

🟠 PRIORITY 6 — Property Tax Uncapping Analysis and Planning

Action: Identify proposed beneficiaries and map against MCL 211.27a transfer-of-ownership exemptions. Current Proposal A benefit is significant: taxable value ($346,300) is ~50% of SEV ($692,600). Statute: MCL 211.27a (Proposal A cap; transfer of ownership definition); MCL 211.27a(7)(c) (Lady Bird deed execution does not constitute transfer of ownership — no uncapping); MCL 211.27a(7)(a) (revocable trust transfer by grantor — no uncapping) Tax Exposure: Transfer to a non-exempt beneficiary (e.g., a child who is not a qualifying transferee) resets the cap; taxable value jumps to ~50% of true cash value, increasing annual taxes from ~$11,390 to an estimated $12,500+ — a permanent, compounding burden on beneficiaries. Planning Strategy: A Lady Bird deed naming qualifying beneficiaries, or a properly structured trust, avoids uncapping. Confirm PRE status to preserve the homestead millage rate reduction.

🟠 PRIORITY 7 — Elective Share Determination (If Surviving Spouse)

Action: Determine marital status at death. If a surviving spouse exists, confirm the adequacy of their provision under the will or trust; calculate elective share under MCL 700.2202(2)(b) and calendar the 63-day election deadline. Statute: MCL 700.2202 (elective share = 50% of intestate share minus 50% of assets received from decedent; calculated against probate estate only — not an augmented estate); MCL 700.2202(3) (63-day deadline from later of claims presentment or inventory service); MCL 700.2205 (waiver requires written agreement with fair disclosure) Michigan-Specific Note: Unlike UPC states, Michigan's elective share is calculated against the probate estate only, not an augmented estate. This means well-structured nonprobate transfers (trust, Lady Bird deed, JTWROS, POD) are not subject to elective share attack.

🟠 PRIORITY 8 — HOA/Community Association Lien Search

Action: Identify the Lake Shore Lane community association and confirm dues currency; obtain recorded declaration and any pending assessment liens from Wayne County ROD. Statute: For non-condo associations, lien priority is governed by the recorded declaration — no blanket super-lien statute applies (cf. MCL 559.208, which applies to condominiums only). For condominiums, association assessments take priority over private liens but not first mortgages or property taxes. Risk: An unpaid assessment lien recorded against the property clouds title and must be satisfied at or before any estate sale or transfer.

🟡 PRIORITY 9 — Ancillary Document Remediation

Action: If estate planning documents are still being prepared or updated (pre-death planning context), ensure the following Michigan-specific instruments are executed:

• Durable Financial POA — must expressly state "this power of attorney is not affected by the principal's subsequent disability or incapacity" or equivalent language [MCL 700.5501(1)]
• Patient Advocate Designation — designated advocate must separately sign acceptance; governs healthcare decisions including end-of-life [MCL 700.5506–700.5520]
• RUFADAA Authorization — express grant in governing instrument for fiduciary access to digital assets, online accounts, and electronic communications [MCL 700.1001–700.1012 (2016 PA 59)]

🟡 PRIORITY 10 — Riparian Rights and Plat Easement Review

Action: Review plat L70 P38–39 WCR for platted lake access strips, riparian corridors, view easements, and dock or marina easements associated with Lake St. Clair frontage. Confirm riparian ownership rights inure to this parcel and identify any shared access restrictions affecting title marketability. Statute: Michigan riparian rights are governed by common law; easements are recorded instruments enforceable under general property law [MCL 554.1 et seq.]; plat dedications are binding on all subsequent owners [MCL 560.1 et seq.]

Michigan Law Quick Reference — This Estate

This briefing is for informational purposes only and does not constitute legal advice. AI-generated analysis should be independently verified by a licensed attorney.