Texas Lady bird Deed - How does it work?

Guest

Can you tell me where I can find a Texas Ladybird deed or Texas Enhanced life estate deed on line. I would like to see the form.

Thank You

Welcome to Mortgagefit forum.

Ladybird deed or Enhanced life estate deed can be used to avoid probate procedure.

Let me explain how it works.

Owner(s)/grantor(s) of the house make a deed and name his beneficiaries as grantee(s). With such a deed the person retains a life estate upon the property with the right to sell the said property any time he likes. By making the deed:
Ownership remains with the grantors,
The grantors retains the right to revoke the deed at any time and
If the property is not sold during the lifetime of the grantors, then it passes on to the named grantees without the need for a probate after the death of the last grantor.
Let me know if you have any other question about this type of deed.

Colin

jenkin7 · Posted: Wed Dec 19, 2007 12:28 am Post subject:

Hello Whitevolvo,

Your post has already been replied here at http://www.mortgagefit.com/texas/ladybird-form.html

Kindly have a look at it.

Niicss · Posted: Wed Dec 19, 2007 6:04 am Post subject:

There are hardly such forms available online. You have to purchase the form to see it. The best way is to get it drafted by an attorney.

Guest

What exactly is a lady bird deed? My father's home is still in his name. It's his homestead. I have power of attorney and my father left me the home in his living will. I was told that the only way I could transfer the deed into my name is if I get his doctor to state that I was the one caring for him and living in the home for 2 years or more and because of me not being able to care for him he had to go into a nursing home. Then I was told that I didn't have to do that I could get a lady bird deed done and with that the home can transfer into my name. I wasn't sure. But before I do anything I want to make sure it's correct and legal. His been in a nursing home going on 3 years.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Amanda,

Welcome to the forum.

You are rightly informed that if your father use a ladybird deed and make you the grantee then you can get his property after his death and it will also help you to avoid probate process.

If you want to know more about Lady bird deed then check out this discussion at http://www.mortgagefit.com/know-how/ladybirddeed.html#lifeestate

Hope this helps.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Guest

Is there anyway I can transfer the home now into my name without affecting his medicaid/medicare or do I have to wait until he passes away?

Caron

Hi Amanda,

Welcome back.

Transferring the property prior to applying for medicaid may disqualify your father from getting the benefits. In most cases, the person may be disqualified for 3-5 years. However, if a ladybird deed is drafted and signed by your father over to you, it will help you in getting the property rights after death. By the way, has your father already applied for medicaid?

One more thing, if a child is under 21 years, then assets can be transferred to him/her without any penalty. However, the state laws regarding medicaid and property transfer vary from state to state, so let me know in which state you reside.

Good luck

Guest

My father has been on medicaid and living in a nursing home since april 2005. I'm 23 years old and live in Texas.

Jessica

Hi Amanda,

In Texas, Medicaid estate recovery claims made after death of the recipient can be exempted if there is an unmarried child residing continuously in the deceased owner's homestead for at least a year prior to the owner's death. Now, since your father is alive and I wish he has a long life ahead, using a ladybird deed here makes sense.

The deed helps avoid estate recovery thereby transferring the home to the young family members while at the same time retaining a life estate for the current owner with the power to sell the home if required. Know more… .

A transfer using ladybird deed does not incur transfer penalty because the grantor (one who gives away property) can revoke the transfer simply by transferring the property to someone else prior to this death.

The ladybird deed removes the property/home from the grantor's probate estate thereby preventing estate recovery in states which look out for the probate estate for Medicaid cost recovery.

Regards,

Jessica.

Guest

I was wanting to know if there was anyway for me to be made grantee of my father's property without it affecting his medicaid? My father has been on medicaid and living in a nursing home since April 2005. He resides in Texas and so do I. My understanding of a Texas lady bird deed is that the property only transfers into your name when the medicaid property owner passes away. I was wanting to transfer the home in my name now but I want to do it the right way. I dont want it to affect his medicaid. Also a friend told me about a website some attorney has with information on situations like this. He even stated how other attorneys dont even know about it. But you have to purchase a video explaining the procedures to transfer property into your name. I really believe medicaid hides things from people. They try to make it impossible for you and knowing there is a way to transfer property at anytime without affecting your love ones medicaid. I so think that's wrong! Could some one please help me out or let me know what kind of attorney I need to see? Thanks!

Guest

Thanks for your help Jessica! I didn't see your post.

Samantha

Hi Amanda,

I hope you have read through Jessica's suggestion. As for the lgeal issues, I suggest that you look out for a Texas Elderlaw attorney.

May god bless you.

Samantha

Guest

I went to an attorney here in Texas where I live and I was told there is NO such thing as A Lady Bird Deed. I was wanting to know if anyone had information I could print out that can back me up on this. I didn't know if there was some kind of law/code. I also want to thank everyone who has replied to my messages. Thanks a lot!!!! Smile

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi amanda,

Welcome to the forum.

I think your attorney may know the Ladybird deed as enhanced life estate deed but these two are the same. If you have any doubts or queries, you can ask the community attorney Joshua Heard. You can find his contact info at the upper right hand side of this page.

Best of luck,
Larry

Guest

My mother will end up in a nursing home here in Ohio. Does she need to get past the 5 years if she has a Ladt Bird Deed?

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