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Lady Bird Deed FAQs

20 questions answered

A Texas deed that lets the owner keep full control of the property for life (live there, sell, refinance, or change beneficiaries) while naming who inherits it automatically at death—bypassing probate.

A traditional life estate limits the owner’s rights; a Lady Bird Deed keeps full lifetime control and allows revocation or beneficiary changes without the remainderman’s consent.

Yes. Title passes to the named beneficiary at death without going through probate.

Yes. You keep all ownership powers during life, including selling, leasing, or mortgaging the property. If you sell, you keep the proceeds.

Yes. You can cancel the deed or change beneficiaries any time during your life.

No. You retain homestead rights and protections while alive.

Generally, MERP seeks recovery from the probate estate. Because a Lady Bird Deed transfers outside probate at death, the home is typically not subject to MERP claims (facts vary—get legal advice).

Is a Lady Bird Deed protected from creditors?

Both avoid probate and are revocable. TODDs are expressly authorized by statute and allow easy alternates/contingents. Lady Bird Deeds rely on Texas common practice and reserve broader lifetime powers. The better choice depends on your facts.

Yes. Because transfer occurs at death, beneficiaries generally receive a stepped-up tax basis (confirm with a tax professional).

Yes. You can name one or more beneficiaries (e.g., children or a trust) and update them later.

No. They have no current ownership or control during your lifetime.

Recording with the county clerk is strongly recommended to provide notice and protect the beneficiary’s future rights.

Yes. It’s commonly used for residences but can apply to other Texas real estate.

If you need complex distribution rules (multiple contingencies, staggered ages), creditor shielding beyond what deeds offer, or coordinated planning for many assets, consider a living trust or TODD.

Draft a deed that: (1) describes the property, (2) names the grantor/beneficiaries, and (3) clearly reserves your lifetime powers (sell, mortgage, revoke, amend). Sign before a notary and record it.

Typically no, but review your loan documents and notify your insurer if required.

Existing liens (e.g., mortgages, tax liens) follow the property. The deed does not erase them.

Yes. Your will/trust should be coordinated so the deeded property and other assets align with your overall plan.

Recommended. A Texas probate/real-estate attorney can tailor deed language, coordinate with Medicaid/tax rules, and avoid recording mistakes.