Callers mom used a lady bird deed to avoid probate

Dave: My mother just recently passed away and I just found a document that shows her name listed, then it has life estate, and then it has REM my sister's name, and then REM my name. I'm just wondering, am I the legal owner since my mom passed on that property? If we are, do we have to go through probate?

Attorney Chris Merrill: Dave, from what you just described to us, it sounds like there is good news for you and your sister, and that is very likely you will not have to go through probate. It sounds, by what you just described to us, that your mom did a deed. This deed called a lady bird deed says that upon her passing away, this home goes directly to you and your sister, no probate required.

What you or your sister will need to do is that you will need to record her death certificate in the county where the property is located, and by doing that, the county then will update their records and make you and your sister the owner, equal owner to this property. Then that means you can do what you need to do, contract with the real estate agent, sell it, whatever is necessary.

Attorney Tom Olsen: Tell Dave what REM stands for.

Chris: Remainderman. Remainderman in the way that they-- Usually, it's because that's an abbreviation. Most counties on the property appraiser, they use that abbreviation REM, meaning remainderman. Therefore, again, your mom is saying that because she passed away, the property goes directly to the two of you. It's something that is very significant in your favor so that you will likely not have to deal with probate.

Tom: Dave, your mom, she was a very smart woman. Give her a pat on the back in whatever way you can. She took steps to avoid probate on her home. That's what you're seeing on the Property Appraisers website. That's telling you that she did a life state deed, that upon her death at home automatically went to you. The only thing you need to do is record her death certificate in the public records and that home will automatically belong to you and your sister. No headaches, no hassles, no probate. Dave, if you need more information about that or if the listeners want to know how to get their own lady bird deed at the Olsen Law Group, we can assist them with that.

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