Does a Lady Bird deed require notarization, and can it name multiple beneficiaries such as two children?

Estate Planning

Liz

43,836 satisfied customers

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Having both you and your sister as grantees is perfectly fine. Here's a detailed guide on how to proceed with setting up a Lady Bird Deed:

Understand the Lady Bird Deed - A Lady Bird Deed, also known as an enhanced life estate deed, allows the property owner to retain control over the property during their lifetime while designating beneficiaries to inherit the property upon their death without going through probate.
Check state requirements - Since you mentioned you're not aware of the specific requirements in your state, it's crucial to check if your state allows Lady Bird Deeds. Not all states recognize them, so verifying this is the first step.
Draft the deed - You can draft the deed yourself or hire an attorney to ensure it's done correctly. The deed should clearly state that your mother retains a life estate and that you and your sister are the remainder beneficiaries (grantees).
Include necessary details - Make sure the deed includes all necessary details such as the legal description of the property, your mother's name as the grantor, and both your and your sister's names as grantees.
Notarization - Yes, the deed must be notarized to be legally binding. This means your mother will need to sign the deed in front of a notary public.
Recording the deed - After notarization, the deed should be recorded with the county recorder's office where the property is located. This step is crucial to ensure the deed is recognized legally.

Please let me know if you have further questions.

Lady Bird Deed

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I would like to set up a Lady Bird Deed for my mother and have a couple of questions. Is a notary needed for the document, and can there be two grantees on the deed (my sister and I)?

Lexi, Chatbot

I understand that setting up a Lady Bird Deed can be a bit complex, and it's great that you're looking into it for your mother. Have you already discussed this plan with her to ensure she is on board?

Yes, my mother is totally on board with the Lady Bird Deed process.

Lexi, Chatbot

Are you aware of the specific requirements or regulations in your state regarding Lady Bird Deeds?

No.

Liz

Hi there! Welcome. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, are you and your sister going to be 50/50 on the deed?

Yes we are.

Liz

Wonderful. So you do need it notarized, that is to make it official for filing. You can also be 50/50, you would both need to be named grantees. Does that make sense?

Liz

Having both you and your sister as grantees is perfectly fine. Here's a detailed guide on how to proceed with setting up a Lady Bird Deed:

Understand the Lady Bird Deed - A Lady Bird Deed, also known as an enhanced life estate deed, allows the property owner to retain control over the property during their lifetime while designating beneficiaries to inherit the property upon their death without going through probate.
Check state requirements - Since you mentioned you're not aware of the specific requirements in your state, it's crucial to check if your state allows Lady Bird Deeds. Not all states recognize them, so verifying this is the first step.
Draft the deed - You can draft the deed yourself or hire an attorney to ensure it's done correctly. The deed should clearly state that your mother retains a life estate and that you and your sister are the remainder beneficiaries (grantees).
Include necessary details - Make sure the deed includes all necessary details such as the legal description of the property, your mother's name as the grantor, and both your and your sister's names as grantees.
Notarization - Yes, the deed must be notarized to be legally binding. This means your mother will need to sign the deed in front of a notary public.
Recording the deed - After notarization, the deed should be recorded with the county recorder's office where the property is located. This step is crucial to ensure the deed is recognized legally.

Please let me know if you have further questions.

Liz

43,836 satisfied customers

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