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A Transfer on Death (TOD) deed functions similarly to a lady bird deed, but it does not allow the property owner to retain control over the property during their lifetime. With a lady bird deed, the original owner maintains control and can sell or change the property without loss. This distinction makes the lady bird deed popular among those in Connecticut who prefer to manage their real estate without an attorney.
Disadvantages. The downside is that property transferred via a lady bird deed will be subject to a new tax assessment that could (and often does) result in higher property taxes generally.
Like a Lady Bird Deed, a trust avoids probate. Unlike a Lady Bird Deed, however, the assets that can be in a trust are more than just the family home. So, for those who have extensive assets or want to protect more than just the family home, a trust can be a good estate planning tool to use.
The original owner retains complete control over the property. Using a Lady Bird deed, the homeowner retains control over their property until they sell it, gift it, or die. The remainder beneficiary receives the property if the grantor owns the property at the owner's death.
Ladybird deeds allow homeowners to transfer their interest in the property with warranties, whereas the Texas Transfer on Death Deed statute specifically states that the interest in the property transfers without covenant of warranty of title, even if the deed contains a contrary provision.
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.