Legal Question in Wills and Trusts in California

In California, does a Enhanced Life Estate Deed - or "Ladybird Deed", or known possibly as "Revocable Deed" does it protect against beneficiary contestings? Man with sole property wants to Revocable Deed to wife so she will get house on his death to: 1. avoid probate, and 2. avoid contestings. Please explain.


Asked on 7/19/10, 6:53 am

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

it is not sufficiently clear what you are trying to accomplish and this idea needs to be considered in light of your overall objectives. you should retain a qualifed attorney who can review your specific situation, determine your wishes, and make recommendations as to alternate methods of accomplishing your goals. to do otherwise will likely have results which are not what you intended and which are disadvantageous to your beneficiaries.

Read more
Answered on 7/19/10, 10:21 am
Anthony Roach Law Office of Anthony A. Roach

You are mixing up some areas of law. Ladybird deeds are a nickname for a life estate that allow someone to retain a homestead and any tax exemptions, it does not create a revocable deed. If a deed is given to be revoked, then the deed was never truly delivered.

I agree with Mr. Field, in that you need to discuss at length what you are trying to do with an estate planning attorney. Be careful of the legal advice you get from the internet, or form companies like Legal Zoom.

Read more
Answered on 7/22/10, 12:25 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California