A life state deed is a type of legal document that is used in the United States in regards to the managing of real estate by the owner. Also known as a “lady bird” deed, the life estate deed is used to define the rights of a real estate or property owner stating that such person will have the right to use and/or sell the property until he/she dies. This process also allows for a smoother process when it comes to transferring the property to heirs in the event of the owner’s death, usually because it is effective in avoiding the probate process.
The life estate deed is a unique type of legal document in the sense that it grants the property owner extended rights. The life estate deed will contain a clause in which it gives the owner the right to sell or transfer the real estate property without needing any consent. In other words, even if the property is meant to be willed to heirs in the event of the owner’s death, the owner will maintain the right to sell or transfer the property at any given time and at his/her choice.
When considering a life estate deed, it is important to consult with the state or local regulations and laws, for not all states will allow the use of a life estate deed. However, some states that do allow life estate deed procedures are California, Florida, and Texas.