Q: How can my 85 year old dad reverse a lady bird deed?
My dad is ill. My mom has dementia. At my sister's urging, he put his home in a lady bird deed, but now wants to remove it from that deed. He also needs help in appointing someone to take over the estate in case he dies. How can he go about it and does he need an attorney or can he print out copies off internet and have them notarized?
A: Generally a ladybird deed in Texas can be revoked by the Grantor (your dad). The revocation would need to be signed in front of a notary and then recorded with the County Clerk where the property is located. I'm not certain about whether there are forms on the internet. I would recommend you consult with an estate planning attorney who can meet in person or virtual and get everything handled.
John Michael Frick agrees with this answer
A:
I agree with Mr. Barnaski with the caveat that the attorney you consult needs to be familiar with the Medicare Asset Recovery Program.
Revoking the Lady Bird Deed when your father is 85 may trigger Medicare's rights to treat the property as an asset of your father if he has received Medicare benefits.
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