Fort Worth, TX asked in Real Estate Law and Estate Planning for Texas

Q: Transfer on death deed. How does that work? Is this better than a will? My moms only asset is her house.

1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.

The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid or other government benefits due to her poor health.

The timing of the deed is important. The government in Texas and many other states can look-back for five (5) years. So it is best to deed and file the Life Estate as soon as possible. The deed is from the owner (mom) back to herself for life, then to whomever she wants to give the property to. That protects her for the rest of her life in her home. Then it automatically goes to whomever she has deeded the property.

I hope this helps. Good Luck! Call or write, if you need more help.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.