Santa Clara California Enhanced Life Estate or Lady Bird Grant Deed from Two Individuals, or Husband and Wife, to Two Individuals, or Husband and Wife

State:
California
County:
Santa Clara
Control #:
CA-04-83
Format:
Word; 
Rich Text
Instant download

Description

This form is a Grant Deed with retained Enhanced Life Estates where the Grantors are two individuals or husband and wife and the Grantees are two individuals or husband and wife. Grantors convey the property to Grantees subject to an enhanced retained life estate. The Grantors retains the right to sell, encumber, mortgage or otherwise impair the interest Grantees might receive in the future, without joinder or notice to Grantees, with the exception of the right to transfer the property by will. Grantees are required to survive the Grantors in order to receive the real property. This deed complies with all state statutory laws.


Santa Clara California Enhanced Life Estate Deed or Lady Bird Grant Deed is a legal document used by two individuals, or a husband and wife, to transfer property ownership while retaining certain rights and control during their lifetime. This type of deed provides several advantages and protections to the granters (property owners) and the grantees (recipients of the property). One variation of the Santa Clara California Enhanced Life Estate Deed is the "Enhanced Life Estate Deed with Joint Tenancy." In this arrangement, the property owners grant the property to the grantees, typically a husband and wife, while reserving a life estate for themselves. This ensures that the granters can continue to live in and use the property during their lifetime. The grantees, on the other hand, receive the property with rights of survivorship, meaning that the surviving spouse will automatically inherit the property upon the death of the other spouse without the need for probate. Another variation is the "Enhanced Life Estate Deed with Right of Reversion." With this type of deed, the granters transfer the property to the grantees while reserving a life estate for themselves. However, in addition to the life estate, the granters also retain the right to reclaim full ownership of the property if certain conditions are met, such as the grantee’s death before thgrantersrs or the grantee’s failure to maintain the property. The Santa Clara California Enhanced Life Estate Deed and Lady Bird Grant Deed offer unique benefits compared to traditional forms of property transfer. By using such deeds, individuals can bypass probate, eliminate the need for court supervision, and ensure a smooth transition of ownership upon the granters' death. Additionally, these deeds may allow the granters to qualify for certain government benefits, such as Medicaid, since the property is effectively transferred outside their estate. It is important to note that the Santa Clara California Enhanced Life Estate Deed or Lady Bird Grant Deed should be prepared and executed with the assistance of a qualified attorney to ensure its legal validity and compliance with state laws. Each individual's situation may vary, and it is crucial to consider specific circumstances and objectives when choosing the appropriate type of deed.

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FAQ

Revocable trusts are similar to lady bird deeds in that they both offer significant amounts of control while the original owner is still alive. However, as third parties usually manage revocable trusts, owners tend to exert less direct control over the assets.

A Lady Bird deed, or enhanced life estate deed, allows property to pass automatically to one or more designated recipients at death without the need for Florida probate.

A ?Lady Bird Deed? is a way to transfer property to someone else outside of probate while retaining a life estate in the property. This type of deed got its nickname when President Lyndon B. Johnson used it to convey the property to his wife, Lady Bird Johnson.

Lady bird deeds do not result in any documentary stamp taxes when you execute the deed. In Florida, you are required to pay documentary stamp taxes on the transfer of real estate for any consideration, including the amount of any mortgage on the property.

Effective January 1, 2022, the California State Legislature enacted noteworthy changes to the state's laws governing transfer-on-death deeds?also called TOD deeds. A California TOD deed is a legal document that conveys real estate to a designated beneficiary when the current owner dies.

Disadvantages of a Lady Bird Deed If you plan to apply for a mortgage on the property, some title insurance companies may be reluctant to provide title insurance on property subject to a Lady Bird deed. You want to leave the property to more than one grantee. There is a fairly large mortgage balance on the property.

In sum, the general rule is that the Joint Tenancy Deed overrides the Last Will. However, there are exceptions to that general rule. Where those exceptions apply, a court, asked to rule upon them, may find the Joint Tenancy deed to be entirely voidable or, alternatively, may deem the survivorship aspect as terminated.

Lady Bird Deeds are commonly used in some states (including Florida and Texas), but are not used in California. The Transfer-On-Death Deed provides similar benefits to a Lady Bird Deed.

What Are Lady Bird Deeds? 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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In which one property owner has a second in which the second may be the owner or beneficial owner. Can a trust hold both properties in one interest with a property owner having a second interest, or can one be a trustee of both property interests. In the future it is difficult, or it could be, for any owner to take over all the property. As an alternative you could sell one property to the owner and hold other properties as separate property trusts as the family member may or may not have a living trust. Can a real estate company hold both the primary property and the secondary property (property interest)? Can a family member or a partner, like a spouse, buy out the trust while it has the primary property with other assets? An investment company could put an estate trust under its own corporate name and hold two separate trusts or a living trust, one each for the owner, for the family member, and for the partner in the partnership.

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Santa Clara California Enhanced Life Estate or Lady Bird Grant Deed from Two Individuals, or Husband and Wife, to Two Individuals, or Husband and Wife