Keep Your Home. Skip Probate. Stay in Control.
If you own a home in Texas and you're thinking about what happens to it after you're gone, a Lady Bird Deed might be exactly what you need. It's a straightforward way to pass property to your family without probate, without losing control, and without creating problems down the road.
How It Actually Works
A Lady Bird Deed lets you name someone to inherit your home automatically when you pass away. But here's what makes it different, you don't give up anything while you're alive.
You can still sell the house if you want. Refinance it. Rent it out. Change your mind about who gets it. You don't need anyone's permission, and the person you named as beneficiary has no say in what you do with your property until you're gone.
When you do pass away, the property transfers immediately to whoever you named. No probate court. No waiting. No public record of the transfer.
Why People Use Them
Lady Bird Deeds are popular in Texas because they let you avoid probate while keeping complete control of your property. They're especially useful if you want to keep things simple, avoid family disputes over real estate, or make sure your kids or spouse can inherit your home without hassle.
A lot of seniors in El Paso use them because they can help protect the home from Medicaid estate recovery under current Texas rules. If you've received Medicaid benefits for nursing home care, the state might otherwise try to recover what they spent by going after your estate. Lady Bird Deeds help prevent that because the property passes outside of probate.
What Makes This Different from a Regular Life Estate
With a traditional life estate deed, you're stuck. Once you sign it, you can't sell or mortgage the property without getting permission from the person you named. And you can't change your mind about who inherits it.
With a Lady Bird Deed, you retain enhanced rights including the ability to sell or mortgage the property without anyone's consent. You also keep the right to cancel the whole thing or name someone else as beneficiary. It's flexible in a way that regular life estate deeds just aren't.
What a Lady Bird Deed Doesn't Do
It's not a complete estate plan. A Lady Bird Deed only covers the specific piece of property listed on the deed, usually your home. You still need a Will or Trust to handle everything else, along with a Power of Attorney and a Medical Directive.
We make sure all of these documents work together so nothing falls through the cracks.
Who Should Think About This
A Lady Bird Deed might be right for you if you own a home in Texas, want your children or spouse to inherit it easily, want to avoid probate, need to keep full control during your life, are worried about Medicaid estate recovery, or just want a simpler and more affordable option than setting up a Trust.
How We Help You Set It Up
We start by talking through your goals, your family situation, and your property. Then we review the title and make sure there aren't any issues that could complicate things. We draft a customized deed that fits your situation, help you get it signed and recorded properly, and then coordinate it with the rest of your estate plan.
There's no official form for a Lady Bird Deed in Texas, so it's important to work with an attorney who knows how to draft them correctly. Mistakes can create serious problems for your family later.
Let's Talk
A Lady Bird Deed can be one of the smartest, most cost-effective ways to protect your home and take care of your family.
For more information, contact us or schedule an appointment online.