What Is a Lady Bird Deed and Should I Use One in Texas?

 Posted on July 07, 2025 in Estate Planning

Planning for the future means making smart, strategic decisions about what will happen to your property after you are gone. For many Texans, especially those with a home or other real estate, the thought of their loved ones going through probate is reason enough to explore simpler alternatives. A "Lady Bird deed" is a unique estate planning strategy available in Texas that can be a powerful tool for protecting your interests and wishes.

As of mid-2025, Texas remains one of only a few states that allow Lady Bird deeds. If you are looking for a way to pass your home to your children or another beneficiary without giving up control while you are still alive, speak with a qualified Fort Worth, TX estate planning lawyer about whether this could be a good option for you.

What Does a Lady Bird Deed Do?

Otherwise known as an enhanced life estate deed, a Lady Bird deed allows you to transfer real estate upon your death while ensuring you keep full rights to the property during your lifetime. That includes the right to mortgage, sell, lease, or otherwise use the property however you choose, without needing the consent of the beneficiary named in the deed.

Once you pass away, the deed automatically transfers ownership to the beneficiary. Because the transfer happens outside of probate, it can save your loved ones time and money.

How Is This Different from a Regular Life Estate Deed?

With a traditional life estate deed, you lose some control. You cannot sell or mortgage the property without the agreement of the beneficiary. A Lady Bird deed solves this problem by giving you enhanced control during your lifetime, while still ensuring the property transfers automatically after death.

What Are the Advantages of Lady Bird Deeds?

Texas homeowners choose Lady Bird deeds for several reasons:

• Avoiding probate: The transfer happens outside the probate process, meaning your family will not have to wait months or even years to take legal ownership.

• Keeping control: You can still lease, sell, or refinance the property during your lifetime.

• Medicaid protection: A properly executed Lady Bird deed may help avoid Medicaid estate recovery, which seeks to reclaim costs after a Medicaid recipient’s death.

• Cost-effective planning: Compared to a living trust, a Lady Bird deed is often more affordable and simpler to put in place.

Are There Any Drawbacks to Lady Bird Deeds?

While a Lady Bird deed is a useful tool, it is not always the best solution. For example, it is not typically suitable for complex estate plans that might include blended families, tax planning, or multi-property transfers, where a trust may offer more flexibility. Another reason it is not automatically considered the right option for everyone is that it does not shield your property from creditors during your lifetime or after. A lawyer with experience helping clients draft tailored estate plans can help you understand whether your needs and interests will best be served by a Lady Bird deed or some other arrangement.

Contact a Fort Worth, TX Estate Planning Lawyer

To find out if a Lady Bird deed fits your estate plan, contact a Fort Worth, TX estate planning attorney at Gonzalez Law, PLLC. We help clients prepare for the future with thoughtful, legally sound strategies that reduce stress for their families. 

As both an estate planning attorney and a certified public accountant (CPA), Mr. Gonzalez understands how legal and financial decisions work together. This approach helps ensure you are not only preserving your property but doing so in a tax-efficient and future-focused way. Call us at 817-349-7330 for a free consultation.