STEP 1

INFORMATION FOR DEED

Please provide the information needed to prepare your deed.

STEP 2

PAY ONLINE

We will email you an invoice for $195.
Pay securely online.
No account necessary.

STEP 3

RECEIVE YOUR DEED

Once payment is received, your deed will be emailed to you. Clear instructions on how to sign and record your deed will be included.

STEP 1

INFORMATION FOR DEED

Please provide the information needed to prepare your deed.

STEP 2

PAY ONLINE

We will email you an invoice for $195.
Pay securely online.
No account necessary.

STEP 3

RECEIVE YOUR DEED

Once payment is received, your deed will be emailed to you. Clear instructions on how to sign and record your deed will be included.

WHAT IS A LADY BIRD DEED

About Lady Bird Deeds

A Lady Bird Deed is a special type of life estate deed.  It provides the property owner continued control of their property until his or her death.

Good to know:  A life estate deed is a transfer of ownership of real property into two separate interests.  One of the primary reasons for doing so might be to avoid probate.

The lady bird deed is sometimes known as an “enhanced life estate deed”.  This deed is enhanced from the commonly used life estate deed.  Unlike the life estate deed, the lady bird deed DOES give the grantor the option to change the grantee without their consent in some states. Additionally, using this deed, the grantor also retains the right to sell or mortgage the property in some states.

That being said, the ladybird deed is only recognized in a few states. Currently, those states include Texas, Florida and Michigan. Generally, the validity of a lady bird deed may depend on whether title insurance companies in the state where the property is located will acknowledge the deed as valid.

OVER 50 YEARS OF EXPERIENCE

We have been preparing deeds continuously since 1964.

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All documents prepared by a specialist.
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(800) 308-3916

To create a Lady Bird Deed

A property owner who creates a ladybird deed transfers their own real property to themselves for their lifetime and becomes known as a “life tenant”.

  • A life tenant is also known as the grantor.
  • This transfer creates a life estate.

Note: The grantor names a beneficiary who becomes the “remainderman”.

  • The remainderman is also known as the grantee.
  • A grantor can name one or more people, trusts or organizations as grantee.

Upon the life tenant’s death, the property transfers to the remainderman without the need for probate.

To create a Lady Bird Deed

A property owner who creates a ladybird deed transfers their own real property to themselves for their lifetime and becomes known as a “life tenant”.

  • A life tenant is also known as the grantor.
  • This transfer creates a life estate.

Note: The grantor names a beneficiary who becomes the “remainderman”.

  • The remainderman is also known as the grantee.
  • A grantor can name one or more people, trusts or organizations as the grantee.

Upon the life tenant’s death, the property transfers to the remainderman without the need for probate.

SAME DAY PREPARATION

All documents prepared by a specialist.
No membership needed!

(800) 308-3916

Some points about Ladybird deeds

  • A ladybird deed gives the life tenant complete control and the right to use the property in any legal way they chose during his or her lifetime.
  • Life tenant may opt to change the remainderman at any time without consent from the original remainderman in some states.
  • The life tenant has the authority and control to sell or mortgage the property without the consent of the remainderman in some states*.

*Note: Title companies may still require the consent of the grantee in order to obtain title insurance.  If a lady bird deed does not provide an insurable title, if needed, then it should be avoided.

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  • Like any deed, this deed must be legally signed and then recorded in the county records office.
  • As control is retained by the life tenant, this transfer is considered an incomplete gift for tax purposes.
  • Using this deed, the property transfers by deed to the remainderman upon the death of the life tenant.  Therefore, it does not require probate and thus is not part of the deceased’s probate estate.
  • The lady bird deed protects the homestead status of the property.
  • A lady bird deed should not affect the life tenants ability to qualify for Medicaid.

Important: A lady bird deed is not considered a completed transfer of ownership nor is it considered a gift. Therefore this deed may not effect eligibility for Medicaid or public assistance.

In simple terms, this deed protects a Medicaid recipients’ home from the Medicaid estate recovery program.

In some states, as the ownership of the property passes to the grantee upon the death of the grantor, it avoids the Medicaid recovery rules.

In other states, it may help reduce the amount of Medicaid that is paid back as a result of the Medicaid estate recovery also known as Medicaid lien.

What is needed to create a Lady Bird Deed Form

  • The address or legal description of the property.
  • Name of the grantor.
  • Name of the grantee.
  • A statement of consideration, if any.
  • The deed must be signed and notarized according to the state’s requirements.

Good to know:  States that recognize lady bird deeds may have different requirements to assure validity of title.  It is important to enlist the assistance of a knowledgeable and experienced real estate specialist to avoid any potentially costly mistakes.

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