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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.
In New York, real estate cannot be transferred via TOD deeds. Instead, property owners often use other mechanisms such as joint ownership or trusts to avoid probate. Consulting with an experienced estate planning attorney is recommended to explore the best options for your circumstances.
To change a deed in New York City, you will need a deed signed and notarized by the grantor. The deed must also be filed and recorded with the Office of the City Register. Transfer documents identifying if any taxes are due must also be filed and recorded with the City Register.
She was the fictional donee in a fact pattern that made this type of ?Enhanced Life Estate Deed? popular. Moreover, this type of deed is not legal in New York. A lady bird deed is only used in Florida, Texas, Michigan, Vermont, and West Virginia.
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.