Q: Lady bird law. I reciently inherted a house from my mother through lady bird law deed.

A: A Lady Bird Deed (also known as an enhanced life estate deed) allows a property owner to retain control over their property during their lifetime and transfer it to a designated beneficiary automatically upon their death, without the need for probate. In Texas, this type of deed is often used to streamline the transfer of property and avoid the probate process.

Upon the death of the grantor (your mother), the property automatically transfers to the designated beneficiary (you) without the need for probate. The deed itself facilitates the transfer, and the property becomes yours immediately upon her death.

While the transfer is automatic, it is generally advisable to record the death certificate and an affidavit of death with the county clerk’s office to update the public records and reflect the change in ownership. This step helps to clear the title and can be important if you plan to sell or refinance the property in the future.

The note from your mother asking you to transfer the deed within 45 days is not a legal requirement under Texas law for a Lady Bird Deed. The transfer of ownership is effective upon her death due to the nature of the Lady Bird Deed.

Although there is no legal requirement to transfer or record the affidavit within 45 days, it is advisable to update the public records as soon as possible. Delaying this process might complicate matters, especially if you need to prove ownership for tax purposes, utility services, or potential future transactions involving the property.

Schedule a free consultation to make sure your inheritance is protected.

A: I hate to be the bearer of bad news but a Lady Bird deed must be properly recorded BEFORE the death of the Grantor.