There are numerous ways to transfer real estate upon death depending on the facts and the type of planning – if any. The following are 12 of the ways property is transferred at death: Executor’s Deed. When the deceased has a will that has been admitted to...
This article is not intended to be critical, but it is merely to be an illustration of the perils that could occur when one does their own legal documents. The facts are as follows: Husband and wife own a homestead together during marriage, but they...
In a battle of the two most common probate avoidance deeds, it is often (but now always) better in Texas to use a Ladybird Deed (which is an enhanced life estate deed) than a Transfer on Death Deed. In both types of deeds, the owner...
Ladybird Deeds and Transfer on Death Deeds are used to avoid probate (which is the legal process whereby the court determines if a will is valid and assets are distributed according to the will). These types of deeds are particularly useful to avoid Medicaid Estate Recovery. If...
As COVID-19 increases pressure on state Medicaid budgets as demands for Medicaid coverage become even greater, states may be inclined to expand Medicaid estate recovery giving the state the right to have a lien against the property (most commonly a homestead) of a Medicaid recipient...
A married couple owns a homestead located out-of-state held in a trust. They move to Texas to be closer to their children since the wife needs long-term care. They have no long-term care insurance, and their liquid assets and income are insufficient to pay for...
Ladybird Deeds are often used to protect a homestead from a Medicaid estate recovery claim as it avoids probate and are supposed to permit the grantor (the one who signs the deed) to reserve for the grantor’s life, the full possession, benefit and use of...
TRANSFER ON DEATH DEED VOIDED BY COURT The Fort Worth Court of Appeals has recently set aside a Transfer on Death Deed (an instrument that usually avoids court action for real estate to pass to a beneficiary) since a jury determined the deed was signed as...
This story is an illustration of some of the many thoughts that should be considered even if one has a small estate. In this case, the client’s major asset is her home that was deeded to her by her six siblings as it was their...
Client had created a revocable living trust several years ago prepared by another attorney. The most common reasons for such a trust is to avoid probate (the laws that govern the probate process which is the process to determine if the Will is valid and...