Legal Question in Wills and Trusts in Georgia

Enhanced Life Estate Deed

Is a enhanced Life Estate Deed, oftern called a Ladybird Deed, valid in Georgia. My mother-in-law wants to leave her home to her son and two daughters and not have to have her will probated.

Thanks.


Asked on 12/29/08, 9:05 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Enhanced Life Estate Deed

These are used a good bit in Florida (and I think also Texas, Ohio, California, and Kansas). I know of no Georgia law that allows them.

They are problematic. See http://www.elderlawanswers.com/resources/article.asp?id=2615�ion=6&state= for one article that discusses the problems.

Since Georgia probate law is rather simple with a will in most cases, there may not be a need for such a device, and there may be other options that would work. She should talk to a lawyer.

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Answered on 12/29/08, 10:06 am


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