Property owners all over Texas like a paper called an enhanced life estate deed, or a Lady Bird Deed. With this deed, you stay in charge of your land while you are alive, and it goes to the people you choose after you pass away. It sounds great, but no paper is perfect. After you die, someone who feels left out might try to undo the deed.
In this guide, we will explain when, how, and why someone may fight a Lady Bird Deed. We will also share simple steps you can take now to make it harder for anyone to change your plan later.
Lady Bird Deeds Overview
A Lady Bird Deed is a written instrument that designates who will receive your home or other Texas real estate upon your death, while you retain full ownership and control (often referred to as a “life estate plus”) during your lifetime.
That plus means you may still sell, gift, lease, or borrow against the property without asking the future owner for permission. When you die, the title shifts automatically to the beneficiary, skipping probate court.
This simple tool often appeals to families that want to avoid the delay and expense of probate but do not need the broader coverage of a revocable trust. Before relying on the deed, however, it helps to know when courts might step in.
Grounds for Contesting a Lady Bird Deed
Though courts start with the presumption that a recorded deed is valid, certain circumstances can upset that presumption. Below are the most common theories raised in Texas lawsuits that target Lady Bird Deeds.
Lack of Capacity
The grantor must understand the nature of the property, the effect of signing the deed, and the identity of the beneficiary. When memory loss, confusion, or mental illness clouds that awareness, disappointed heirs may ask a judge to set the deed aside. Medical files, witness statements, and prescription records often take center stage in these cases.
Undue Influence
If someone in a position of trust pressures the owner into signing, free will may be replaced by another person’s plan. Proof usually rests on showing a confidential relationship, an opportunity to exert control, and an unfair result that favors the influencer. Text messages, financial records, and caregiver schedules become important evidence.
Fraudulent Actions
Fraud can creep in through forged signatures, altered pages, or outright lies about what the deed does. Because fraud strikes at the heart of voluntary transfer, Texas judges rarely hesitate to cancel a deed once deception is proven. Handwriting professionals or notary testimony often play a role.
Improper Execution
Texas Property Code requires that deeds be signed, acknowledged before a notary and accurately describe the real estate. Missing or faulty notarization, wrong dates, or absent legal descriptions open the door to a contest.
Conflict with Spousal Homestead Rights
A married homeowner cannot unilaterally give away a homestead without the spouse’s joinder. If the Lady Bird Deed attempts to sidestep that protection, the non-signing spouse may void the transaction in whole or part.
Incorrect Legal Description
Survey lines, lot numbers, and metes-and-bounds must be precise. A typo that places the house in the wrong subdivision can render the deed unenforceable, or at least force a court to decide what was truly intended.
The Legal Process for Contesting a Lady Bird Deed
The roadmap for a Texas deed contest looks much like other property lawsuits, yet it carries probate overtones because the dispute usually surfaces after death.
First, the challenger files a petition in the county where the land sits. The pleading outlines the alleged defect, such as a lack of capacity, and asks the court to declare the deed void. Next, both sides gather evidence through depositions, subpoenas, and written discovery.
- Medical professionals may testify about the grantor’s mental state.
- Witnesses who observed the signing can confirm or refute pressure.
- Handwriting or forensic document professionals may compare signatures.
Courts often encourage settlement, and many contests end with a negotiated split of sale proceeds or a partial release of property. If talks fail, the judge conducts a bench trial to decide validity.
Appeals can follow, extending the timeline. The entire path can consume months or even years, which is why sound planning on the front end is so valuable.
Safeguarding Your Lady Bird Deed
Grantors who want to reduce the odds of litigation can take these proactive steps before signing:
- Seek independent legal counsel rather than relying on a child or caregiver to “fill out a form.”
- Obtain a brief capacity evaluation from a physician on or near the signing day, and keep that note with the deed packet.
- Use crystal-clear language in the deed and match the legal description to a recent survey.
- Invite neutral witnesses, such as a bank officer or paralegal, to observe the execution.
- Retain drafts, emails, and notarized copies so any later inquiry sees a full record.
These steps do not make a challenge impossible, yet they supply the paper trail that courts look for when deciding if the deed truly reflects the owner’s intent.
How Lady Bird Deeds Fit Into Estate Planning
A Lady Bird Deed rarely stands alone. It often shares space with wills, powers of attorney, and sometimes trusts. Understanding how each tool works together can keep your plan from having unintended gaps.
| Method | Control During Life | Probate Needed | Covers Non-Real Estate |
| Lady Bird Deed | High, the owner may sell or mortgage | No | No |
| Transfer on Death Deed | Moderate, the owner keeps the title but cannot revoke it by sale without a new deed | No | No |
| Will | Full | Yes | Yes |
| Revocable Trust | Full while serving as a trustee | No | Yes |
Because a Lady Bird Deed covers only real property, many families pair it with a simple will that pours the rest of the estate, such as cars and bank accounts, to the same beneficiary. Others move everything into a revocable trust instead, using the deed to place the home inside that trust without refinancing.
Contact Bromlow Law, PLLC, for Assistance with Your Estate Planning Needs
You deserve a plan that stands up to family harmony and courtroom scrutiny alike. Laura L. Bromlow, a Certified Elder Law Attorney, guides Texans through every stage of the process, from drafting Lady Bird Deeds to updating complete estate plans.
Call us at (281) 665-3807 or visit our Contact Page to set up a conversation. With thoughtful preparation today, you can pass the property tomorrow with confidence.