Can you remove someone from a lady bird deed without their knowledge?

Yes, you can remove the remaindermen from a lady bird deed without ever informing them of your actions. Removing the remaindermen from a lady bird deed does not require the consent of the remaindermen.

What is a lady bird deed?

A lady bird deed is way to devise real estate to someone after you die. Lady bird deeds are useful because they avoid probate and because they are revocable. Technically, lady bird deeds are a kind of life estate deed. Less technically, they are a common estate planning tool to make sure your loved ones get your real estate without needing to go through the probate court.

Lady bird deeds are not right for everyone, but they are a good tool for many people. However, because of how complex the law is surrounding real estate title, you should consult with an attorney before executing a lady bird deed. Otherwise, you might find that you have accidentally muddied or transferred the title to your property.

Can you remove people from a lady bird deed without telling them?

Yes, you can remove or change the remaindermen (the people who get the real estate after you die) in your lady bird deed without informing them of your actions. This is one of the main benefits of the lady bird deed. You can revoke or take the deed back. Alternatively, you can simply change who it is you want to give the property to. Or you can sell the property to a third party without the signatures or consent of the people named in the lady bird deed.

Lady bird deeds do not fully take effect until death. Put differently, no transfer of real estate ownership occurs at the time you sign your deed; the transfer takes place at death. Because of this, you have the ability to take back or modify the transfer before it occurs. As long as you are alive, you still have the ability to revoke the deed because the transfer has not yet taken place.

How do you remove someone from a lady bird deed?

To remove someone from a lady bird deed, you simply need to execute a new deed. The new deed will override the lady bird deed. However, you should be careful when executing a new deed, as deed mistakes cannot always be taken back. For example, if you intend to create a new lady bird deed but you leave out some key language, you might find that you accidentally created an irrevocable deed. If you do anything with the title to your real estate, it is best to get an attorney involved.