This form is a Warranty Deed with a retained Enhanced Life Estate where the Grantor is an individual and the Grantee is an individual. This form is also known as a "Lady Bird" Deed. Grantor conveys the property to Grantee subject to an enhanced retained life estate. The Grantor retains the right to sell, encumber, mortgage or otherwise impair the interest Grantee might receive in the future, without joinder or notice to Grantee, with the exception of the right to transfer the property by will. This deed complies with all state statutory laws.
Texas Lady Bird or Enhanced Life Estate Warranty Deed - Individual to Individual
State:
Texas
Control #:
TX-01-83
Format:
Word;
Rich Text
Instant download
Description Texas Bird Enhanced
Free preview Texas Estate Deed
How to fill out Texas Lady Bird Deed Form?
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Texas Life Deed Form Form popularity
Texas Bird Enhanced Life Estate Deed Other Form Names
Enhanced Life Estate
Texas Lady Enhanced
Lady Bird Enhanced Life Estate Deed
Texas Life Estate Warranty Deed
Texas Lady Bird Form
Tx Enhanced Estate
Texas Life Estate Deed
Enhanced Life Estate Deed Texas FAQ
While you can draft a Ladybird Deed on your own, it is always best to have something like this done by an experienced attorney. These are documents that need to be done correctly, or it can create additional issues for your loved ones.
It only applies to residential properties and must be promptly recorded after it is notarized. This document is exempt from documentary transfer tax under Rev. & Tax. Code §11930.
This right to rescind is what distinguishes a Lady Bird Deed from a standard Life Estate Deed.A properly written, signed and filed Enhanced Life Estate Deed does supersede the terms of the owner's Will, so long as the grantor has not exercised the retained right to reclaim ownership while living.
A Lady Bird deed avoids probate, so the home is not part of the probate estate and Medicaid cannot go after it.
The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state's legal regulations, to help avert any legal challenge to the deed later. Some deeds require more expertise than others.
Texas is one of five states that recognize lady bird deeds. The other states that recognize lady bird deeds are Florida, Michigan, Vermont, and West Virginia. In each state, the technical name for a lady bird deed is enhanced life estate deed.
The date the deed was made; The name of the party granting the life estate and their address; The name of the grantee and their address; The address and a legal description of the property that is subject to the life estate;
Avoid probate of the property. keep the right to use and profit from the property for your lifetime. keep the right to sell the property at any time. avoid making a gift that might be subject to federal gift tax. avoid jeopardizing your eligibility for Medicaid.