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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.
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.
In Florida, a property owner technically can prepare their own Lady Bird deed (also known as an Enhanced Life Estate Deed).
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.
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.