Q: Can a lady bird deed override a divorce decree order. I feel a lady bird deed was done illegally.
A divorce decree left property to my sibling and I in the event of my fathers death. He passed last year. My sibling, who still lived on the property, passed last week. I found a lady bird deed signed by my dad, to my sibling for the property. Is the lady bird deed legal since there were already orders placed in the divorce decree.
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A: If the Deed was recorded before the entry of the Divorce Decree, then it was valid notice of title to the world. Apparently the Deed was not between the divorcing parties, so it was not a conveyance between them, effective without recording. The Deed had to have been delivered also to the grantee, although recording can be an arguable delivery. sometimes. You have not stated the exact granting clause, but I assume you got the Remainder. If you had an Estate at the time of Divorce, then it may have went through the Divorce. Hire a TX attorney to search the Title and the Divorce File to determine Title now.
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