Texas Bird Deed With Life Estate Deed
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FAQ
In order for a Transfer on Death Deed to be valid, it must be signed, notarized, and recorded in the property records of the county where the property is located. 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.
Transfer on death deeds cannot be signed by anyone other than the property owner. But as long as the Lady Bird deed form is signed in the presence of a licensed notary, Lady Bird deeds can be signed by the owner or the owner's agent under power of attorney.
A lady bird deed is a special kind of "life estate" deed that allows you to transfer real estate to a designee at your death without having to go through the probate process. Texas is one of only a few states that recognize them.
Avoid Probate: Lady bird deeds streamline the property transfer process. Upon your death, the property will be transferred to your beneficiary automatically, avoiding the probate process.
Disadvantages of a lady bird deed Available in only five states. Lady bird deeds are currently used only in Florida, Texas, Michigan, Vermont and West Virginia. ... Property taxes may be higher for the beneficiary. States may increase the taxable value of a property when it transfers to your beneficiary when you die.