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A Lady Bird deed is a special kind of deed that is commonly recognized by Texas law. Also called an enhanced life estate deed, it can be used to transfer property to beneficiaries outside of probate. It gives the current owner continued control over the property until his or her death.
You can also contest a lady bird deed if the grantor lacked capacity at the time it was executed, or if it conflicts with spousal homestead rights or another legal right or lacks the required formalities.
With a traditional life estate, once the deed has been filed, it cannot be revoked or otherwise changed without the written consent of both the life tenant and the remainderman.
With a properly recorded Transfer on Death Deed, no probate is needed to transfer the real property. If you dont have a will or a Transfer on Death Deed, your real estate must go through the probate court and your property will pass to your heirs according to Texas law.
A Lady Bird deed is a special kind of deed that is commonly recognized by Texas law. Also called an enhanced life estate deed, it can be used to transfer property to beneficiaries outside of probate. It gives the current owner continued control over the property until his or her death.
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Upon your death, all that is required for full title to be transferred to your beneficiaries is the filing of an affidavit in the county property records reflecting the date of your death, referring to the recording information for the Lady Bird Deed, and reciting that there are no outstanding debts of the estate, or
A life estate is property such as land or a residence that a person owns and can use for as long as they are alive. They often share ownership of that property with another person or persons, which means that when the owner dies the title of that property is automatically transferred to the other owner or owners.
Upon your death, the property immediately transfers to the beneficiary designated in the deed. Its a streamlined way to pass down a home, but there is a catch: you cant sell or mortgage the property without the beneficiarys consent. A lady bird deed is considered an enhanced life estate deed.
During the term of the life tenancy, life tenants have the duty to pay for utilities, expenses necessary to maintain the property in good condition, property taxes, and interest on the mortgage (the principal is owed by the remainderman).
While currently about 1/2 of the states in the U.S. have some form of Transfer on Death Deed, the Texas Transfer on Death Deed law and its related forms can only be used for real property located in Texas. You will have to check the laws in the other states to determine if they have a similar deed.

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