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Lady bird deeds have no impact on your taxable estate, meaning you can get the full step-up in basis at death. Simply put, if you use a lady bird deed, all capital gains on the deeded property are eliminated on the day you die.
A ladybird deed must have the following: A correct legal description of the property. A statement of the consideration is provided if there is any. The name of the grantor. The name(s) of the beneficiary(ies) (if multiple owners are on title, a specification as to how the co-owners will hold title is required).
Assuming the Lady Bird deed remains valid and the life estate holder did not otherwise transfer the property during their lifetime, the property automatically passes to the remainder beneficiaries upon the death of the life estate holder without the need for the property to be administered through the probate court.
Yes. Because the life estate retained by the owner(s) is ?enhanced?, you can record a new deed without the consent or involvement of the remainder beneficiaries.
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.