ENHANCED LIFE ESTATE DEED (LADY BIRD DEED)

Prepared by:
[________________________________________]

Return to:
[________________________________________]
[________________________________________]

After recording, return to:
[________________________________________]

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. (Tex. Prop. Code § 11.008)

ENHANCED LIFE ESTATE DEED

Date: [__/__/____]

GRANTOR (Life Tenant):
[________________________________________]
Address: [________________________________________], [________________], Texas [________]

GRANTEE (Remainderman):

Property County: [________________] County, Texas

GRANTING CLAUSE

KNOW ALL MEN BY THESE PRESENTS:

That GRANTOR, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, SELL, AND CONVEY to GRANTEE a remainder interest in the real property described in Exhibit A (the "Property"), SUBJECT TO an enhanced life estate reserved to Grantor as set forth below:

1. ENHANCED LIFE ESTATE

Grantor reserves an enhanced life estate in the Property with the following powers exercisable without the consent, joinder, or knowledge of the Grantee:

(a) Full power to use, possess, and enjoy the Property;
(b) Power to sell, convey, or transfer all or any portion of the Property;
(c) Power to mortgage, pledge, or otherwise encumber the Property;
(d) Power to lease the Property and collect rents;
(e) Power to revoke this conveyance by executing and recording a subsequent instrument;
(f) Power to designate new or additional remaindermen;
(g) Right to all income, rents, profits, and proceeds from the Property.

2. GRANTEE'S INTEREST

Grantee has no present possessory interest and no right to use, occupy, or control the Property during Grantor's lifetime. The remainder interest is contingent upon (a) Grantee surviving Grantor and (b) Grantor not having revoked or conveyed the Property.

3. VESTING UPON DEATH

Upon Grantor's death, full fee simple title shall vest automatically in Grantee without probate and without the necessity of any additional conveyance.

If multiple Grantees are named, they shall take as:
☐ Tenants in common in equal shares
☐ Joint tenants with right of survivorship
☐ Other: [________________________________________]

4. PREDECEASING GRANTEE

If a Grantee predeceases Grantor, such Grantee's interest shall:
☐ Lapse and pass to surviving Grantee(s)
☐ Pass to predeceased Grantee's heirs
☐ Revert to Grantor

5. HOMESTEAD DECLARATION

☐ This Property is Grantor's homestead under Tex. Const. Art. XVI, § 50
☐ Grantor is married — spouse joins in this deed below

6. TAX CONSIDERATIONS

No transfer tax or documentary stamps apply in Texas. Property tax exemptions (homestead, over-65, disability) are not affected during Grantor's lifetime. The remainder interest holder should consult a tax advisor regarding potential reassessment upon Grantor's death.

PROPERTY DESCRIPTION

See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the remainder interest in the above-described Property, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the Grantee, subject to the enhanced life estate reserved herein.

SIGNATURES

GRANTOR:

Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

SPOUSE (if applicable):

Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

State of Texas
County of [________________]

Before me, [________________________________________], a Notary Public in and for the State of Texas, on this [____] day of [________________], [________], personally appeared [________________________________________], known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE.

Notary Signature: ________________________________________
Printed Name: [________________________________________]
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

[________________________________________]
[________________________________________]
[________________________________________]
[________________________________________]

Commonly known as: [________________________________________], [________________], Texas [________]

This deed is provided as a legal template and does not constitute legal advice. Texas practitioners should also consider the statutory Transfer on Death Deed (Tex. Estates Code Ch. 114) as an alternative. Consult a licensed Texas attorney before execution.