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Lady Bird Deeds The right to a life estate in the property, including rights to use, possess and collect income from it for life; The right to sell the property and keep the proceeds; The right to mortgage the property and to use the equity for yourself; and. The right to revoke or amend the deed.
Upon your death, the property immediately transfers to the beneficiary designated in the deed. It's a streamlined way to pass down a home, but there is a catch: you can't sell or mortgage the property without the beneficiary's consent. A lady bird deed is considered an enhanced life estate deed.
Upon your death, the property will be transferred to your beneficiary automatically, avoiding the probate process. Avoid Medicaid Estate Recovery: If the property doesn't have to go through probate, your beneficiary may be able to avoid a claim from the state for Medicaid payments.
Continued Control ? The lady bird deed allows for the original owner to change their mind, make changes to, and alter or sell their property without any sort of involvement from their beneficiary. Essentially, while the original owner is still alive, the beneficiaries have no say in what goes on with the assets.
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.