Is a ladybird a trust?

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 goes by a variety of names, including an enhanced life estate deed, lady bird trust, and a transfer on death deed.

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Texas Enhanced Life Estate Deed - Lady Bird - Individual to Individual

Laredo Texas Enhanced Life Estate Deed - Lady Bird - Individual to Individual

Name: Laredo Texas Enhanced Life Estate Deed - Lady Bird - Individual to Individual
Brand: US Legal Forms
Rating: 4.78 (357 reviews)

Category:

Texas Real Estate - Deeds - Enhanced Life Estate or Lady Bird

State:

Texas

City:

Laredo

Control #:

TX-041-78

Format:

Instant download

Description

This form is an Enhanced Life Estate Deed, also known as a Lady Bird Deed, where the Grantor is an Individual and the Grantee is an Individual. Grantor conveys and warrants the described property to the Grantee subject to a reserved enhanced life estate in Grantor. Further, the Grantor reserves the right to mortgage, sell, burden, and otherwise use the property and retain all profits without interference from Grantee during the course of the life estate. This deed complies with all state statutory laws.

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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.

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.

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.

Revoking the Lady Bird Deed A Lady Bird Deed can be revoked by the grantor either by filing a revocation document or by filing a subsequent conflicting Lady Bird Deed. Another way for the grantor to revoke the deed is by selling, gifting, or transferring the property during the grantor's lifetime.

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 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 goes by a variety of names, including an enhanced life estate deed, lady bird trust, and a transfer on death 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.

Benefits of a Lady Bird Deed Florida. There are four (4) major benefits of a lady bird deed in Florida: 1) probate avoidance; 2) preserve homestead benefits; 3) preserve Medicaid eligibility; and 4) step-up in basis at your death.

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Laredo Texas Enhanced Life Estate Deed - Lady Bird - Individual to Individual

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