Harris Texas Enhanced Life Estate or Lady Bird Warranty Deed from Two Individuals, or Husband and Wife, to Two Individuals, or Husband and Wife

State:
Texas
County:
Harris
Control #:
TX-04-83
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed with retained Enhanced Life Estates, also known as a "Lady Bird Deed", 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. This deed complies with all state statutory laws.

The Harris Texas Enhanced Life Estate, also known as the Lady Bird Warranty Deed, is a legal transfer of property ownership from two individuals, or a husband and wife, to two other individuals, or a husband and wife, with certain benefits and conditions attached. This type of deed is commonly used for estate planning purposes to ensure the smooth transfer of property while allowing the original owners to retain control and enjoy the property during their lifetime. In a Harris Texas Enhanced Life Estate or Lady Bird Warranty Deed, the original owners (granters) transfer their property to the new owners (grantees) with a "life estate" reservation. This means that the granters retain the right to live in and use the property for the rest of their lives, without interference from the grantees. This unique feature offers convenience and flexibility to the granters, as they do not need the grantees' permission to sell, lease, or modify the property during their lifetime. Furthermore, the Lady Bird Warranty Deed provides additional protection for the grantees. It includes a warranty of title, ensuring that the granters have full ownership and authority to transfer the property. This warranty protects the grantees from any future claims or disputes regarding the property's ownership. There are variations of the Harris Texas Enhanced Life Estate or Lady Bird Warranty Deed, each designed to meet specific needs or circumstances: 1. Lady Bird Warranty Deed with Right of Survivorship: This type of deed typically involves a husband and wife transferring their property to another couple, while also including the provision for automatic transfer of ownership to the surviving spouse upon the death of one spouse. 2. Lady Bird Warranty Deed with Reserved Powers: In this variation, the granters reserve certain powers, such as the ability to sell or mortgage the property, without needing the grantees' consent during their lifetime. This grants the granters greater control over the property while still retaining the benefits of the enhanced life estate. The Harris Texas Enhanced Life Estate or Lady Bird Warranty Deed provides a comprehensive and flexible solution for individuals or couples looking to plan their estate while maintaining control and enjoying their property during their lifetime. It offers peace of mind by ensuring a smooth transfer of ownership while protecting the rights of both the granters and grantees.

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FAQ

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.

How do I add my spouse to the deed? In Texas, you can't add your spouse's name to an existing deed, but you can create a new deed by transferring the property from yourself to you and your spouse jointly. You can do this by using either a deed without warranty or a quit claim deed.

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

You can't add your spouse's name to an existing deed in Texas, but you can create a new deed by transferring the property from yourself to yourself and your spouse jointly, using either a deed without warranty or a quitclaim deed.

Control and Ownership of Separate Property The signature of both spouses is required to convey Texas homestead, even if the property used as the marital home is actually owned by only one spouse.

Life tenants are also entitled to exclusive right to income or royalties produced by the property, and can sell or lease the property for the duration of the measuring life.

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.

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.

Which is more important: title or deed? Both the title and the deed are of equal importance because they both have a purpose in the home selling process. For instance, a title search can note only confirm who owns the property, but also lists any liens, loans, or property taxes due.

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.

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A Texas lady bird deed form is a special type of life estate deed that transfers property without the need for probate. Get a ladybird deed in minutes.Texas deed forms include quitclaim deed, special warranty deed, warranty deed, lady bird deed, TOD deed, and life estate deed. Get a deed in minutes. A warranty deed, note, and deed of trust are the three principal documents in most Texas residential real estate transactions. Is a lady bird deed better than a trust? Real PropertyReal Estate Information. Harris County Clerk Fee Schedule. 2. Florida's Elective Share for the Surviving. Spouse and Its Impact on Non-Florida.

Florida Statutes. , et seq. Florida courts generally do not impose a state estate tax on estates of decedents residing outside the state. The Florida legislature, however, has adopted a law (Section, Florida Statutes) that applies at least some estate tax to estate transfers from outside the state. In other words, the spouse of a surviving decedent in the state may be required to pay the estate tax on estate assets at the time of death even if the estate is not in Florida. The law allows the surviving spouse to transfer property from the decedent's interest in the home to an unincorporated association (a trust) and use the income to pay the estate tax on the estate. The surviving spouse should not assume that the tax will be collected upon the transfer of the property to the unincorporated or trust.

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Harris Texas Enhanced Life Estate or Lady Bird Warranty Deed from Two Individuals, or Husband and Wife, to Two Individuals, or Husband and Wife