Smith County Enhanced Life Estate Deed (Lady Bird Deed) (Individual) Form

The Texas lady bird deed occupies an unusual place in the deed catalog: no statute creates it, no official form exists for it, and Texas title and estate planning practice has relied on it for decades anyway. Formally an enhanced life estate deed, it conveys property to a named grantee now while the grantor keeps a life estate coupled with the power to sell, mortgage, lease, gift, or otherwise dispose of the property at any time, without the grantee's signature or consent. Whatever remains at the grantor's death passes to the grantee automatically, outside probate.

A life estate with the powers kept

A traditional life estate deed hands real leverage to the remainder holder: the life tenant cannot sell or refinance without the remainderman joining in. The enhanced version removes that leverage. This form's reservation keeps the full possession, use, rents, and income of the property for the grantor's life, together with an unrestricted lifetime power of disposition and the right to keep all proceeds. A disposition by the grantor during life divests the grantee's interest to that extent; a conveyance of the whole property leaves the grantee with nothing. That retained power is why the arrangement is described as revocable in effect.

Where the deed gets its authority

The lady bird deed rests on Texas common law and the general conveyance statutes rather than an enabling act. Property Code Chapter 5 supplies the writing, signing, and delivery requirements, and this form uses its Section 5.023 mechanism to exclude the implied covenants expressly, so the conveyance is made without warranty of title. When the legislature codified the transfer on death deed in 2015, Estates Code Section 114.004 preserved other lawful transfer methods, leaving the common law instrument standing alongside the statutory one. The two differ where it counts: a transfer on death deed cannot be created through a power of attorney and is effective only if recorded before death, while the lady bird deed operates as a present conveyance under ordinary deed law.

Medicaid, MERP, and the probate line

Much of the deed's reputation comes from Medicaid administration. Texas estate recovery reaches the probate estate, and property passing under a recorded lady bird deed never enters it. The state's MEPD Handbook likewise treats a properly structured enhanced life estate transfer of the home as outside the transfer penalty rules. Both positions are administrative policy rather than statute, a distinction the guide explains plainly along with the deed's other limits: liens follow the property, and the grantor's homestead and property tax exemptions continue because the grantor remains an owner in possession.

One grantor, sometimes two signatures

This variant recites a single grantor. Because the deed is a lifetime conveyance, a married grantor conveying homestead brings Family Code Section 5.001 into play, and the form carries a labeled joining spouse signature block with its own notary certificate for that situation; the joining spouse conveys nothing and simply evidences the statutory joinder. The deed is formatted for Texas recording standards and opens with the Property Code Section 11.008 confidentiality notice. The download includes the fillable blank, a completed example on a realistic Williamson County fact pattern, and a plain language guide walking through every numbered section; the materials are informational and are not legal advice.