Previously I wrote about the use of a lady bird deed, however, recently I was asked a specific question as to how the lady bird deed affects the spouses homestead rights.
Example: A party is married and they execute a lady bird deed to their children on their separate property which is their homestead.
The deed would not displace the spouse at death because the homestead right is attached to the separate property and community property. Therefore, while the children might now own the property, the spouse has the right to live in the house.
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