What Is a Lady Bird Deed?~3 min read

A Lady Bird Deed, also called an enhanced life estate deed, lets you keep full control of your property during your lifetime while allowing it to transfer to someone you choose after your death, without probate.

Understanding a Lady Bird Deed

A Lady Bird Deed, sometimes referred to as an enhanced life estate deed, is a way to transfer real estate while you are alive and still keep full control of the property. You remain the owner during your lifetime. You can sell the property, refinance it, or change your mind about who receives it later.

When you pass away, the property transfers directly to the person or people you named in the deed. This transfer happens without probate, which can save time and reduce court involvement for your family.

How It Works in Everyday Terms

With a Lady Bird Deed, you keep control of the property during your lifetime. That means you have the right to live on the property and manage it as long as you are alive. The future owner, called the remainder beneficiary, has no control while you are living.

Because the transfer happens automatically at death, the property does not become part of your probate estate. For many people, this is the main reason a Lady Bird Deed is appealing.

When a Lady Bird Deed Can Make Sense

A Lady Bird Deed may be worth considering if you own real estate in Texas and want a simple way to pass that property to a specific person. It can be useful if you want to avoid probate for your property while keeping flexibility during your lifetime.

It can also be helpful if you want the property to receive a stepped-up tax basis at death, which may reduce capital gains taxes if the property is later sold.

Situations Where Caution Is Needed

A Lady Bird Deed is not the right solution for everyone. If you have multiple properties, blended family concerns, or plans that involve trusts, this tool may not cover everything you want to accomplish.

It is also important to understand how a Lady Bird Deed fits with Medicaid planning, mortgages, and your broader estate plan. Using one without reviewing the full picture can lead to results you did not expect.

How It Fits into a Larger Estate Plan

A Lady Bird Deed works best when it is part of a coordinated plan. Your will, powers of attorney, and beneficiary designations should all work together. Estate planning looks different for every family, and good planning depends on how the pieces fit together.

Contact Springer & Lyle

If you have not looked at your estate planning documents in a while, now may be a good time to review your options. The attorneys at Springer & Lyle can help you decide whether a Lady Bird Deed fits your goals and how it works with the rest of your plan. To schedule a consultation, contact Aubry Dameron at 940-387-0404 and learn how thoughtful planning can support your wishes.

Springer & Lyle is located at 1807 Westminster, Denton, Texas 76205

Frequently Asked Questions

Is a Lady Bird Deed the same as adding someone to my deed now?
No. Adding someone as a current owner gives them immediate rights. A Lady Bird Deed keeps control with you during your lifetime.

Can I change or revoke a Lady Bird Deed?
Yes. As long as you are alive and have capacity, you can revoke it or name different beneficiaries.

Does a Lady Bird Deed avoid probate in Texas?
Yes. When done correctly, the property passes outside of probate.