Wharton County Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Form

The Texas lady bird deed occupies an unusual place in Texas conveyancing: no statute creates it and no official form exists, yet it has been a fixture of Texas estate and elder law practice for decades, resting on common law, the general deed statutes, and settled title practice. This form prepares a lady bird deed for two married grantors who hold Texas real property as community property, the default for property acquired during a Texas marriage.

A Conveyance That Gives Up Nothing During Life

The deed works by splitting the title. The grantors convey a remainder interest to the grantees named in the deed, and in the same instrument reserve an enhanced life estate: full possession, use, rents, and income for life, plus the powers that make the life estate enhanced. The grantors keep the power to sell, mortgage, lease, or give away the property without the consent or even knowledge of any grantee, keep all proceeds, and may cancel or revoke the deed by recorded instrument. A traditional life estate deed surrenders those powers to the remainderman; the lady bird deed refuses to.

Built for Community Property and the Second Death

This version of the deed is drafted around the marriage. Both spouses sign as grantors, satisfying the homestead joinder rule of Family Code Section 5.001 on the face of the instrument, and the deed reserves the enhanced life estate to both spouses and to the survivor of them. At the first death nothing is filed or proved: the surviving spouse holds the entire life estate and every retained power alone, including the power to sell or revoke. Only at the second death does the remainder vest in possession, in the grantees who survive that death, entirely outside probate.

Why Elder Law Practice Reaches for This Deed

Texas limits Medicaid estate recovery to the probate estate, and property that passes under a recorded lady bird deed never enters it. State Bar commentary and the state Medicaid handbook both recognize the enhanced life estate deed in this role, including an exception to the transfer-penalty rules for a home conveyed this way. The grantors' retained ownership also preserves the property tax homestead exemption, and practice commentary treats the arrangement as an incomplete gift with a stepped-up basis at death. The guide describes this landscape along with the deed's real limits: no title warranty, no protection from the grantors' own creditors, and a possible due-on-sale issue under an existing mortgage.

Lady Bird Deed or Transfer on Death Deed

Texas offers a statutory cousin, the transfer on death deed under Estates Code Chapter 114, and Section 114.004 expressly preserves the common-law deed alongside it. The statutory deed transfers nothing until death and cannot be created through a power of attorney; the lady bird deed conveys a present remainder and rests on general agency law. The Texas Transfer on Death Deed products document the statutory route; this form documents the common-law one.

The download includes the blank deed as a fillable PDF, a completed example for a realistic Hays County fact pattern, and a plain-language guide covering every section, signing, and recording. The materials are informational and are not legal advice; a Texas attorney can apply these rules to a specific title or benefits situation.