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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38886
Experience:  Texas Attorney for 30 years dealing in real estate
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Good afternoon. I have lived in my elderly mother's home as

Customer Question

Good afternoon. I have lived in my elderly mother's home as her primary care giver for 6 years. The home itself and some adjourning property is in a lady bird to me. There is now some discontent within my siblings and myself. If she is convinced to change
the deed where does this leave me? Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today. This remainder interest belonging to you cannot be changed unless you concur.Once the ladybird deed was recorded you have a vested interest in the property. Any sale or transfer has to include you signing off on it.The others may not like it but you have a defined interest under a lady bird deed here in Texas. As long as the deed was recorded there really isn't anything they can do about it. Your interest remains here and takes effect when she deceases.Again any sale here, refinance, transfer has to include you.Now she can give away her life interest but you still remain here as remainder owner.That will not change unless you agree to sign it away. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
I need to supplement here, the mother does have right to sell it here in Texas.Sorry for the confusion.If she does nothing here then you inherit.If she transfers it she can cut you out here.
Expert:  Ray replied 1 year ago.
Sorry I misread your question here.
Expert:  Ray replied 1 year ago.
Refrence"By contrast, an enhanced life estate deed (the Lady Bird deed),lets you:avoid probate of the propertykeep the right to use and profit from the property for your lifetimekeep the right to sell the property at any timeavoid making a gift that might be subject to federal gift taxavoid jeopardizing your eligibility for Medicaid.http://www.nolo.com/legal-encyclopedia/lady-bird-deeds.htmlA lady bird deed here can be sold or transferred in Texas unlike a regular life estate.Again thanks for letting me clarify your situation and I am sorry for the confusion. Please let me know if you have more follow up. It is not a problem.
Expert:  Ray replied 1 year ago.
If you could get her to leave you a regular life estate as opposed to a ladybird deed here it would give you a current legal interest.As a caregiver this is fair and would protect you.Please follow up it is never a problem here.

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