QUESTION

What forms do I need to submit to get a title transfer with an Enhanced Life Estate deed?

Asked on Jun 29th, 2022 on Wills and Probate - Texas
More details to this question:
Parent passed away with an Enhanced Life Estate Deed to their real property with me as a beneficiary.
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1 ANSWER

Estate Planning Attorney serving Addison, TX at Dallas Estate Attorney
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Let's get the terminology strait so you understand what you are dealing with.  An Enhanced Life Estate is normally associated with something called a Lady Bird Deed.  If your parents executed a Lady Bird Deed, then this is how it should have looked.  They deeded the entire property to you but reserved to themselves an Enhanced Life Estate, meaning they could live there and take care of the property, etc, until the survivor of them died.  When the survivor died, there was no more life estate and all ownership interests passed to you.  I would suggest you check with the county taxing authority to see if the deed was filed prior to their death.  If it was, then you now own the property.  You might have to show the death certificates to clear that up. If the deed was not filed before their death then it is too late to use it and you will have to go through a probate proceeding to clear title.  IF you are not their only heir, you may have issues.
Answered on Jun 30th, 2022 at 7:42 AM

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