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Texas Lady bird Deed - How does it work?

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's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Whitevolvo,

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

Kindly have a look at it.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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!!!! :)

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Ron Scherer,

Welcome to the forums.

Has your mother applied for Medicaid? if she hasn't then she'll have to wait for 3-5 years before she applies for Medicaid. Know more...

Take Care

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My parents signed the deed of their house over to us 4 children in July 2003. My Dad went into the Long Island State Veteran' home 5/29/07 and his Medicaid was approved June 2008. My Mom died 5/1/08. Can Medicaid get claim to any part of the house that was also left to the 4 kids in their will? Besides that the deed was transferred in July 2007? My Dad also has 2 pensions of his own, now 1/2 of my Mom's State of New York Pension and his Medicare that the Veteran's home gets from him. And what is a "right of election" that needs to be filed in surrogate court by our attorney? Thanks so much.

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epw1959's picture
epw1959 | Joined: September 9, 2008 11:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Sorry the correct date the deed was transferred was JULY 2003, not 2007

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Epw,

The reply to your query has been posted at http://www.mortgagefit.com/propertytransfer/medicaid.html .

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother recieved Primary care medicaid for 4 years and they discountinued her care because her house was in a Eravocable Trust and wanted to levy against it . Why did they wait 4 years ? I do not know BUT medicaid investigated her every year and Oked her for care. Now they want her house. They did not get it, so they dropped her care. Then I filed a ladybyrd Deed and refiled for services. I live in Texas . Will my mother qulify now for medicare primary care?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jamey!

I think it is now that the Medicaid has come to know that the property is in a irrevocable trust and they will not be able to do an estate recovery. Thus, for this reason, they have stopped the medicaid facility.

As far as I understand you have filed a ladybird deed in order to stop the estate recovery to be done by medicaid but it is not required as the property is already in a trust.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thank you for your reply James

Medicaid had a hearing with me and my lawyer and they quoted a law passed in 2002 that stated that they could consider my mom's house in her assets. We even proved up that I was the trstee of the trust (not my mom) and that she had no control of the sale of her home and that it was in control of the trust by the trustee AND they still dropped her from Medicade Primary care. They told us that we would have to pay for her care privatetly funds. My mother is only recieving her Social Security and hardly has enoiugh money to get by month form month. So my lawyer filed a Lady bird deed and I have re-applied for medicaid Primary care. Question is; Can medicaid pentalize me for five years if they had already given her care for the past 4 years?

Jamey

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jamey!

There are chances that Medicaid may penalize you for 5 years. I think they have not noted the fact that the property was in a irrevocable trust. As they have noted now and dropped the facility, they may penalize you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If my sister and niece have power of attorney across the board and my father is totally incapacitated, who owns his house under TEXAS law? Much appreciated and anticipated answer!

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi matt,

Legally your father is the owner of the house, but as he is totally incapacitated your sister and niece are the actual owner who can exercise all those powers mentioned in the power of attorney. However, if he has prepared any will, the power of attorney cannot override that will. The property would be distributed as per the instructions in the will.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

in creating a ladybird deed, is it best to wait until my father has applied and/or has been approved for medicaid before creating? he has been on private pay for three months at a skilled nursing facility. he will not be able to return home. within the next few months, his cash reserves will be depleted.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mary,

In my opinion, it will be better if your father signs a ladybird deed now. However, you should get in touch with an attorney who is an expert of the Medicaid laws of your state and he will be able to guide you in a better way.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My brothers filed a lawsuit againest me after finding out my mother made me thegrantee in a lady bird deed she is still living

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi janie,

Your query has been replied to in the given page:
http://www.mortgagefit.com/know-how/ladybirddeed-13.html#195624

Take a look at it. Hope it helps you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have heard conflicting info, my grandmothers attorney says i pay no taxes as i am the grantee of her lady bird deed when i sell. i saw where i have to pay the difference from what she paid and what we make on the sale, which is true?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am from Texas. My dad passed away two yrs ago and I just recently had an Affidavit of Heirship filed to show that my mom is the owner of her home and that my siblings and I are the heirs. With this affidavit in place, will we be able to do a Lady Bird Johnson Deed? Will my siblings need to sign this deed?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi RC,

Your mother can sign the ladybird deed and transfer the property to you and your siblings. Once she transfers the property to you, then you and your heirs will become the owners of the property.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you sell a house with ladybird deed after 5 years but before death of grantor, will proceeds be considered upon applying for medicaid?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

As far as I know, the proceeds resulting from the sale of the property won't apply to the Medicaid. However, it will be better if you could contact an attorney and take his opinion in this matter.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Do you record a Lady Bird deed when it is signed or when the owner dies?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi JackG,

You should record the ladybird deed or any other deed once it is signed by the grantor. This will make the deed valid.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We have a Lady Bird Deed and a Life Estate Deed signed and Notarized for father, do we put them with other doc. or do I need to file them at court house. Thanks

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Melodie,

You will have to file them at the county recorder's office in order to make it legal.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Does the ladybird deed only apply to a personal residence? My grandmother is in a nursing home in TX and has been paying privately. Her cash is now depleted and we would like to apply for medicaid but she owns agriculture land. Can we do a ladybird deed on that land so medicaid will not consider it in her assets? Our intention is to sell the land but in the mean time we have to figure out finanicially how to keep her in the nursing home.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

As far as I know, ladybird deed will apply for personal residence provided if it is legal in your state. You should contact a real estate attorney and take his opinion regarding property transfer just before applying for Medicaid benefits.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I SEND YOU A QUESTION AN NO REPLY. MAYBE I AM DOING SOMETHING WRONG. WILL MY MOTHER LOOSE HER HOUSE WHEN SHE PASSES AWAY. SHE IS ON MEDICAIDE. SHE ALREADY HAS A WILL SAYING THAT THE HOUSE SHOULD BE SOLD AND WHATEVER MONEY THEY GET SHOULD BE DIVIDED AMONG THE SIBLINGS. SHE HAS DEMENTIA AND SHE IS FORGETTING A LOT OF THINGS. WILL THE STATE TAKE HER HOUSE AWAY OR CAN WE PAID SOME OF THE COSTS IN ORDER FOR US TO KEEP THE HOUSE. SHE DOES NOT HAVE A LADY BIRD DEED. PLEASE HELP ME WITH SOME ANSWERS. LIKE I SAID, BEFORE I DID NOT GET AN ANSWER OR DO I HAVE TO WAIT FOR A COUPLE OF DAYS TO GET AN ANSWER. I HOPE YOU CAN ANSWER MY QUESTION THANK YOU JESSICA. BYE

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i already send a message.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome happy,

Your query has been replied to in the given page: http://www.mortgagefit.com/texas/house-medicaid.html . Please take a look at it. I hope it will help you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What are the financial requirements to qualify for the Lady Bird Deed? And does this protect my property from Medicaid?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Bobby!

Welcome to the forums!

I haven't heard of any financial requirement to qualify for ladybird deed. It is just a deed transferring property from one person to another. It may help you protect your property from Medicaid.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Does this deed include all or any of above funds?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi D.Van!

Welcome to the forums!

The deed will only include the property. It does not include any kind of funds.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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