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Texas Enhanced Life Estate or Lady Bird Quitclaim Deed from Individual to Two Individuals or Husband and Wife

State:
Texas
Control #:
TX-02-82
Format:
Word; 
Rich Text
Instant download

Description

This form is a Quitclaim Deed with a retained Enhanced Life Estate where the Grantor is an individual and the Grantees are two individuals or husband and wife. It is also known as a "Lady Bird" Deed. Grantor conveys the property to Grantees subject to an enhanced retained life estate. The Grantor retains the right to sell, encumber, mortgage or otherwise impair the interest Grantees 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.

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FAQ

A Lady Bird deed avoids probate, so the home is not part of the probate estate and Medicaid cannot go after it.

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.

A lady bird deed is an estate planning tool that enables a Medicaid beneficiary to protect their home as an inheritance from their state's Medicaid Estate Recovery Program. A lady bird (ladybird) deed (also called an enhanced life estate deed, lady bird trust or a transfer on death deed) is a type of life estate deed.

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.

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.

Warranties.A ladybird deed may transfer title with warranties in the deed whereby the grantor warrants that he has full ownership of the property at the time of the conveyance. Quitclaim language, however, could also be used in a ladybird deed, with the seller deeding whatever interest he has to pass at his death.

Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners get divorced and one spouse's name is removed from the title or deed.

They are both quit claim deeds. A lady bird deed is more flexible and is advised in most circumstances.

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Texas Enhanced Life Estate or Lady Bird Quitclaim Deed from Individual to Two Individuals or Husband and Wife