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The deed could get complicated, and its validity contested if it is not recorded correctly or if the legal criteria are not met. If there is no provision for a contingent beneficiary, the transfer on the death deed is rendered ineffective if the named beneficiary passes away before the property owner.
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 Lady Bird Deeds Therefore, a Lady Bird deed cannot be used to create a remainder interest in third parties without the consent and involvement of the life interest holder's spouse and children. (2) Title insurers are often skeptical to insure Lady Bird deeds in certain situations.
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.
One disadvantage of using a Lady Bird deed alone is that it's not the most flexible solution. The document may need additional work if you wish to leave your assets to multiple beneficiaries. New circumstances may make you change your mind about your initially chosen beneficiary or the transfer.