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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.
The Florida Enhanced Life Estate Deed Unlike standard-life-estate-deed beneficiaries, the beneficiaries named in an enhanced life estate deed do not get the property immediately upon the deed's execution. Instead, the property is transferred upon the death of the deed's creator.
Texas recognizes two commonly used forms to transfer title in addition to transferring real property through your Will or a living trust: a transfer on death deed (TOD) and an Enhanced Life Estate Deed, also known as a Lady Bird Deed.
When the life tenant dies, the remainderman typically receives a step-up tax basis in the property. This means the remainderman takes ownership of the home at its fair market value at the time of the life tenant's death. This can save the remainderman capital gains tax when the property is sold.
A Florida Enhanced Life Estate Deed can help avoid probate, speed up the transfer of a property upon death, maintain the ability to use the fair market value of the property at the time of death as a cost basis (lowers income taxes upon sale), and maintain Medicaid eligibility.