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A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
In order for a Transfer on Death Deed to be valid, it must be signed, notarized, and recorded in the property records of the county where the property is located. In contrast, a Lady Bird Deed does not have a recording requirement. All that is required for a deed to be valid in Texas is delivery to the Grantee.
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.
Tax Consequences of Ladybird Deeds This can allow the beneficiary to sell the property without incurring income taxes on the sale. The deeds also do not trigger Federal gift taxes. They are not completed gifts for gift tax purposes. The property does remain in the decedent's taxable estate for estate tax purposes.
In order for a deed to be effective it must be signed and acknowledged before a notary by the seller. The buyer is not required to sign, but if the deed includes language about specific agreements between the buyer and seller, then it is advisable to include the buyer's signature.