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Disadvantages Not Ideal for Multiple Beneficiaries: A lady bird deed is not ideal if you want to leave the property to multiple beneficiaries. ... Title Insurance Can Be Tricky: Title insurance companies may not want to insure a property subject to a lady bird deed, especially if there are multiple beneficiaries.
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.
Tips for filing a Lady Bird deed form Make sure the deed is recorded in the county you live in (where the property is located). There are many clerk offices in Texas that are close in proximity but serve different counties. ... Use the right form. ... Fill out the form carefully. ... Work with an estate planning attorney.
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.