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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.
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.
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.
The Transfer on Death Deed must: Be in writing, signed by the owner, and notarized, Have a legal description of the property (The description is found on the deed to the property or in the deed records. ... Have the name and address of one or more beneficiaries, State that the transfer will happen at the owner's death,