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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.
Lady bird deeds can be signed by an agent who has been given power of attorney to act on the property owners (grantors) behalf. However, transfer on death deeds cannot be signed by an agent with power of attorney. For a transfer on death deed to activate, the beneficiary must survive the grantor by 120 hours.
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.
Ladybird deeds allow homeowners to transfer their interest in the property with warranties, whereas the Texas Transfer on Death Deed statute specifically states that the interest in the property transfers without covenant of warranty of title, even if the deed contains a contrary provision.
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
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Completion of the Lady Bird Deed in Texas is affordable if you can do it yourself. The price for recording equals approximately $30.
It is a preferable option because there are no strict rules for building a Lady Bird Deed in Texas, and you can make mistakes while doing it yourself.
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.
In contrast, a Lady Bird Deed does not have a recording requirement. All that is required for a deed to be valid in Texas is delivery to the Grantee.
Lady bird deeds can be signed by an agent who has been given power of attorney to act on the property owners (grantors) behalf. However, transfer on death deeds cannot be signed by an agent with power of attorney. For a transfer on death deed to activate, the beneficiary must survive the grantor by 120 hours.

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