Q: I need an attorney that's familiar with Texas ladybird deeds. Any recommendations? Time is off the essence.
We are being sued in probate court for a property that was left to us through a ladybird deed. We desperately need an attorney that understands the difference between a ladybird deed and a transfer on death deed.
A:
A TODD and a "ladybird" deed are very similar with three important differences. 1) A TODD does not provide a warranty of title, whereas a labybird can; 2) a TODD can only be signed by the actual owner and not by an agent acting under a POA; and 3) only the owner can retain a life estate under a TODD, whereas a life estate can be created in the non-owner under a ladybird deed.
Obviously, the facts of each case govern which is preferable. The common grounds for challenging such a deed (fraud, incapacity, etc) are usually the same. The one that applies to a TODD that does not apply to a ladybird deed is that the deed was not signed by the actual owner.
Probate litigation usually involves family and can be some of the nastiest litigation. Nasty litigation equals expensive litigation.
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.
