Matthew R. Capone, PLC

04/07/2026

A Lady Bird Deed Avoids Probate . . . But It Does Not Address the Protection of Your Assets

This is where many Michigan homeowners stop.

And it’s where potential problems can be overlooked.

I regularly see people set up a Lady Bird Deed to avoid probate on their home, which is a great tool when used correctly.

But at the same time:

• The home is still in their personal name
• Other assets are partially or completely unstructured
• There is no plan for liability during their lifetime

So yes, probate may be avoided . . .

But everything else is still exposed.

Here’s what most people don’t realize:

Estate planning is not just about what happens when you pass away.

It’s about protecting what you’ve built while you’re still here.

The way your assets are owned today affects:

• Whether they go through probate
• Whether they are exposed to creditors or lawsuits
• Whether you actually maintain control

A Lady Bird Deed is a powerful tool, but it’s just one piece of a larger strategy.

The real question is:

Is your current setup actually protecting you or just simplifying what happens later?

If you own real estate, other assets, or a business in Michigan, it’s worth taking a closer look.

03/17/2026

How Law-Abiding Michigan Gun Owners Accidentally End Up Facing Felony CCW Charges

Most people assume a concealed weapon charge only applies if you’re trying to hide a firearm.

That’s not how Michigan law works.

I regularly see cases where someone legally owns a firearm, believes they are following the law, and ends up facing a Carrying Concealed Weapon (CCW) charge after a routine traffic stop.

Here’s where things go wrong:

- Leaving a pistol accessible in a vehicle without a CPL
- Improperly transporting a firearm
- Assuming visibility makes possession legal

Under Michigan law, a pistol in a vehicle can create legal exposure even without any intent to conceal.

Michigan firearm laws are highly technical and fact-specific, and small misunderstandings can lead to serious consequences.

The best protection is simply understanding the rules before a situation arises.

If you or someone you know is dealing with a weapons charge in Michigan, it is important to speak with an attorney early.

(Educational information only, not legal advice).

03/09/2026

Many Michigan homeowners don’t realize there is a simple legal tool that can allow their home to pass to their children without going through probate court.

It’s called a Lady Bird Deed.

In the right situation, this type of deed allows you to:

• Keep full ownership and control of your home during your lifetime

• Automatically transfer the property to your chosen beneficiary when you pass away

• Avoid the time and expense of probate court

• Potentially protect the home from Medicaid estate recovery

One of the biggest advantages is flexibility. The homeowner can sell the property, refinance it, or change beneficiaries at any time.

However, like any legal tool, it needs to be drafted correctly and used in the right situation to avoid unintended consequences.

Estate planning does not have to be complicated, but understanding the available options can make a significant difference for your family.

Matthew R. Capone
Attorney and Counselor at Law

(Educational information only — not legal advice).

09/30/2021

NEWS RELEASE: Tens of Thousands of Michiganders to Get Their Licenses Back; 2020 Legislation takes effect on Friday, October 1 https://buff.ly/3Fgillt Chief Justice Bridget Mary McCormack Michigan Secretary of State's Office State Representative Bronna Kahle

04/09/2021

Article - Driver's License Point System in Michigan

10/24/2019

https://www.linkedin.com/pulse/suspended-revoked-drivers-license-michigan-matthew-capone

Suspended and Revoked Driver's License in Michigan It’s always nice being able to drive whenever and wherever you want. However, people sometimes forget it’s a privilege to be able to drive, not a right.

08/12/2019

https://www.linkedin.com/pulse/landlord-tenant-law-summary-proceedings-evict-judgments-capone

In my last post regarding Landlord-Tenant Law, I briefly described what a landlord would need to do to imitate summary proceedings to evict. In this post, I am going to discuss arguably the most important aspects of summary proceedings: Judgments and Orders of Eviction.

07/18/2019

There are many legal issues that can arise from a landlord-tenant relationship and these issues can be difficult to deal with. Some of the most notable issues arise from: · Nonpayment of rent by a tenant; · Termination of the lease; · A tenant holding over (staying in the property after

07/10/2019

If you get pulled over and need some help, give me a call.

Michigan has the highest auto insurance premiums in the country.

04/23/2019

https://www.michiganradio.org/post/mich-supreme-court-changes-rule-vehicle-searches

The Michigan Supreme court ruled unanimously on Monday that a passenger in a car may challenge a police search of his personal property found in the