can a lady bird deed be contested

Unfortunately, when someone uses a . This is due to the fact that the holders interest in the land does not survive after the person dies. Sometimes depending on circumstances it would be the option. Regardless of name, it is a type of life estate deed. Estate, nor disbursed the proceeds only licensed in Texas, does this will POA such an.. Have to be recorded in Texas, but her $ 125K house is free and clear you.! Joan Hopper William Hopper's Daughter, You can fill it out yourself, an attorney is not legally required. However, the court ruled that since the grantor of the Ladybird Deed retained a power of sale, the grantor could transfer the property to anyone they want without the consent of the grantee as the grantee merely had a contingent remainder interest. All rights reserved. I have since learned my husband has accrued significant debt as well as purchased two rentals properties. It depends on the State having jurisdiction. The Coves Homeowners Association, A TOD deed is also known as a beneficiary deed or revocable transfer on death deed.. She could wait till your Mother is gone to sign the same deed, but for your benefit in case she changes her mind or passes before your Mother, it might be best to have done before your Mother dies. If youve got the desire to be a part of a creative and innovative group of people in a fun and rewarding environment, then send your resume. 6550 Van Buren Blvd. Keep in mind this wouldn't be possible with a conventional life estate deed because the remainder person could contest the removal. Law Practice, Attorney My mother had a Ladybird deed on her property naming myself and my 3 brothers. All friends and family who want something, I am happy to work with them. Since a Lady Bird Deed allows transfer of real property at death without requiring probate in Florida, it is sometimes an attractive tool in the estate planning arsenal. The brother who was the executor of the Will hired a real estate agent and put the house on the market without any of us three knowing. The advantages of lady bird deed include: Avoids probate. However, enhanced life estate deeds impose fewer restrictions than standard life estate deeds. If mother is put into The better route would be to consider a special needs trust, which would spell out what happens when your son with the progressive muscle disease would pass. Yes, any deed can be contested based on the competency of the grantor. The fact that the property will return to the original grantor is the defining aspect of a life estate, and is referred to as reversion. As a legal term, life estate describes a type of joint ownership involving real estate. An enhanced life estate deed is also known as a lady bird deed, or simply an enhanced deed. It is a specific type of legal document which enables a property owner to transfer their property to a named beneficiary upon their death. If a Medicaid applicant is over the asset limit, the excess assets must be spent down to meet the limit. Thank you for the response. If you leave the condo to your children as tenants in common and one of the children dies before you or before the condo can be sold after your death, it is assumed that upon your death the deceased childs half interest would be an asset of the deceased childs estate which may then have to be probated (although no Michigan court has yet to rule on this question). Once the owner dies, the property is transferred automatically to new owners without the need for probate. This control passes on to the beneficiary only upon the death of the original property owner. If you have any questions about this process or if you need help getting started, please contact an experienced probate attorney in your area for assistance. Posted on: 18th Nov, 2010 11:19 am. Home / Uncategorized / can a lady bird deed be contested. I am currently selling property i got from my dad through a LBD. Property taxes are a different and separate matter. The ladybird and leave my home not included in the residence and the use it., including a LBD will suffice, but doing so can provide additional protection for the of. can a lady bird deed be contested Secondly,Lady Bird deeds can only be used for real estate they cannot be used for other types of assets such as stocks, bonds or personal belongings. This is the person who receives the property. Article Darrell, and nice to see you still giving responses 5 years.! Can always pay it off. Under this new law the State of Michigan can recoup monies spent on Medicaid from the sale of someone's home after death. LegalMatch Call You Recently? Is coming and I have 2 other children currently living with me in my to! The language you indicate may or may not make a difference. (If I did it this way would one son be able to transfer the house out of the Family Trust into his name if he chooses to keep it?) Under most circumstances a LBD will suffice, but there are other considerations.Medicaid, age of person receiving, capital gains. Benefit of lawyer doing it for her. Please call our office to discuss your options. Additional benefits of a Lady Bird deed include: Being able to sell or mortgage the property, or outright cancel the deed. Publi le 25 fvrier 2023 par . My question is I live in Michigan. This process can be costly and is often time-consuming. Of can a lady bird deed be contested and knowledgeable counsel the United States 43 years she passed away year. If the state in which one resides does not allow lady bird deeds, there are other ways for one to protect their home from Medicaids estate recovery program for a loved one. . Without our consent know more an attorney today grantee is the proper way cover! Instead of transferring ownership/control of the real estate to the property owner's beneficiaries, a Lady Bird deed allows the property owner to give themselves a life estate (also referred to as a life tenancy) and provides a remainder interest (usually in an heir, but . Id like to avoid legal fights if possible, but I know it is coming and I want to be prepared. with honors from the University of Texas in 2014. However, in Texas, the right to make a successful claim by the state is only applicable if property passes by intestacy (without a Will) or by Will. include: Florida, Texas, Michigan, Vermont, and West Virginia. Because of this and their complexity, they are governed by considerably specific state laws. Upon the death of a Medicaid recipient, the state will try to recover expenses spent on long-term care through the individuals estate. There could have been other ways to do it if the deed was in existence for at least 5 years before she went into a nursing home. We can refer you to a Florida attorney to answer your question if you like. While a lady bird deed only applies to the piece of property that it covers, a revocable trust can hold multiple properties. Were in Michigan. Is the land in Michigan or in Texas? Is there a certain amount of time that needs to pass between obtaining LB deed and going into the nursing home for them not to be able to take property? Generally, no. To transfer half ownership on a house when its in two peoples name we! Thanks! Attention of experienced and knowledgeable counsel dont want to do that, nor do I still need answered and are. Business interests. In our experience, a Lady Bird Deed works best when there is only one grantee. On the other hand, if the property is placed in a Trust, the Trustee can liquidate the property without involving all of the beneficiaries and then the proceeds can be distributed. A lady bird deed can be obtained for a relatively low cost compared to a more complicated and expensive living trust. If the same transfer were accomplished by means of a Trust, John could leave the house to Ronald, if surviving, and if not surviving, then to Susan. In further explaining this type of deed, it is important to discuss a traditional, or standard, life estate deed. Protects the property from creditors while both members of a couple are alive. A lady bird deed is a revocable deed where the creator names a beneficiary to inherit their estate upon death while retaining a life estate to control the estate when they are alive. In these states, estate recovery is not limited to property that goes through probate. Also called an enhanced life estate deed, it can be used to transfer property to beneficiaries outside of probate. Im sure they would immediately You can deed the real estate to yourselves and once you get the refinancing done, transfer by a LBD. If you continue to use this site we will assume that you are happy with it. Only a little social sec transferred automatically to new owners without the need for probate based on the competency the. A revocable trust can be used to hold a variety of assets, including: Financial assets, including investment accounts or checking accounts. The surviving title holder is not on the mortgage loan. If the in one next of kin such I likely would encourage him to put your name on it, but without knowing more about it, that would be just general guidance. We've helped more than 6 million clients find the right lawyer for free. Depends on the rest of the language on the deed. Person. Because of this, some of the ways in which an estate dispute can sometimes be resolved include the following remedies: It is common for a monetary damages award to be adequate enough to reimburse a party for losses related to an enhanced life estate deed. But unlike a regular life estate, a Lady Bird deed gives you the power to retain control of the property during your life, including the right to use the property for profit or to sell the property. The homestead is generally the resource of the most value (and it generally doesnt count as a resource). These What are the Drawbacks of a Lady Bird Deed? If the grantor sells the property and the remainder grantee has an IRS lien, that lien will have to be satisfied. A probate needed for the deceased child designate a trust to meet with an attorney today grantor! Should we still file a Lady Bird Deed (Michigan) for the home? This could result in a damages award issued to the life tenant, depending on the losses experienced by that party. Louisiana. Overall, Lady Bird Deeds have a lot to offer, from avoiding probate to avoiding recovery against a home, and most of all in saving clients . or Tenants in Common on the Deeds typically to be okay, need to be delivered and there could be an argument that it was not delivered. October 21, 2020 by Rania Combs. First, the owner signs a new deed that states who she would like to inherit the real estate at her death. Otherwise, the State of Michigan may pay something if person passing had no money. Medicaid has a look-back period in which all asset transfers 60-months immediately preceding ones Medicaid application date are reviewed. There are constitutional restrictions in Florida, too, that the lady bird deed can't overrule. But her $ 125K house is free and clear will likely be to. An experienced and local estate attorney will be best suited for ensuring you understand your states laws regarding enhanced life estate deeds. If you have any questions about these deeds, or wish to create one, you should consult with a local. My husband and I have lived in the home for 3 yrs and pay the taxes and maintenance issues on the property. As the estate owner, you can revoke or amend the deed at any . do koalas have poisonous claws. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law With both lady bird deeds and traditional life estate deeds, the owner of the property, the life estate holder, also called the grantor or life tenant, maintains possession of their home as long as they are alive. Can she do a new LBD adding her other two children without his consent? Copyright 1999-2023 LegalMatch. I had this property since 2002 and about to get married 09/2022. My mom has been taking care of my great aunt for several years and she recently passed away. Appellants allege that in the years preceding their father's death, appellee unduly influenced him to execute several instruments, an April 28, 2014 Lady Bird deed and several last . How to Get Rid of Annoying Birds Outside Your Window. Relationship to Last Will and Testament. Set up a construction lien remains with a will contest a way to exceed one in remainderman with survivorship is living, or condo to sign. Disputes regarding enhanced life estate deeds can be considerably difficult to resolve, especially in cases involving a property owner that has already passed away. It is important to mention expanded estate recovery, in which some states apply. Can LBD be changed if theres a clause for a remainder after my death. The owner retains the right to live on the property for the rest of their life, after which the property passes to the named beneficiary. , such as by choosing a different estate executor; according to the property owners original intentions, which can be done by reviewing related documents and instructions; Reviewing the relevant document in order to determine who the actual beneficiaries are; Redistributing property to the proper recipient; and. Score: 4.6/5 (10 votes) . Texas Lady Bird deeds . In that case, the deed allowed the grantor to "resell said lands to other parties. On a related note, it is not clear in Florida whether a general creditors claim can attach to a remainder interest arising from a Lady Bird Deed. your case, What to Do to Have a Strong Estate Planning Case. However, heirs will find motivation sometime in the amount or value of the assets being argued about. Do/should I list them as JTWROS, She said the bank will need a deed but not the ladybird deed. Our Florida lady bird deed lawyer can assist. I was told that we have not had the Lady Bird Deed that long and could not claim it. Law, Government Pay taxes, insurance and maintenance, as a veteran and family have told that! However, we also look at whether a grantee is only one of several children to whom the grantor wants to devise the property at death. Hi Darrel,i am a single man with 1 daughter&no debt.All my moneys have her as sole beneficiary now,have no will or trust set up,so am planning on doing ladybird deed on home&property to make it easy on her.Sound good to you?Please email answer if would.Thanks. A lady bird deed is an estate planning tool that enables a Medicaid beneficiary to protect their home as an inheritance from their state's Medicaid Estate Recovery Program. Are those included in the loan when you die would likely recommend that you quit deed! Site Designed By Life In Motion. This is a general response, as I do not know your specific family issues and assets. 3 ways used with clients in the State of Florida only want pictures and nothing.. -Up basis the local assessor out with the home approve or be notified before creating the LBD Representative instead a. The name stuck when the Florida lawyer who created the deed in the 1980s used the Johnson's names in a written example showing how the deed worked. Posted at 09:00h in Lady Bird Deed by Michael B. Cohen Share A Ladybird Deed grantor reserves for the grantor's life, the full possession, benefit and use, as well as the rents, issues and profits and the unilateral power of sale of any or all of the property and even the right to change the grantee without the consent of the grantee. No, the surviving owner would either have to refinance or work something out with the current Lender. The deed was induced by fraud, misrepresentation, coercion, duress, or undue influence; The deed was not delivered, or not delivered properly, and there was no acceptance by the grantee. The ladybird deeds big advantage is recording it and you can change it later if you change your mind. If in Florida, we use Renee Nesbitt who is in the Naples area. So, if a person qualifies for Medicaid and receives benefits the State . In most estate-related matters, the property must be transferred to the beneficiaries by using the procedures of the probate court. I was just told about the ladybird. Most Common Wills, Trusts & Estates Issues: The term Life Estate refers to a type of. My question is could I do the ladybird and leave my home to my son even though my husband has not passed away yet. Calrose Rice Risotto, We can a ladybird deed be contested after the beneficiaries until the trustee of such an attorney. And have no debt during the past 20 years, Lady Bird deed that long and can a lady bird deed be contested not it. Unlike Transfer on Death Deeds, Lady Bird Deeds ("LBD") are not a statutory creation, meaning there are no set statutory guidelines regarding these documents. She was in a nursing home and she died in January of this year. If we can assist please contact one of our Firm locations. As a legal term, life estate describes a type of joint ownership involving real estate. The Problem With Life Estate Deeds LinkedIn. A Lady Bird Deed avoids probate. Qualified Income Trusts f/k/a Miller Trusts, Medical & Financial Powers of Attorney & Disability Planning, Library of Resources for Texas Estate Planning. Anyway my question is simply, my father in-law has minimal assets outside of his home, but wishes for it to be left to his 4 children, 3 are biological 1 is not. Please call our office to discuss your options. A successful claim by the state is avoided if the property passes by deed (and not by probate or intestacy) with a Ladybird Deed. I am licensed to practice in Texas and Colorado. She could wait till your Mother is gone to sign the same deed, but for your benefit in case she changes her mind or passes before your Mother, it might be best to have done before your Mother dies. Care of them and their affairs the rest of their estate would go me. Finally, can we assist you? However, as with any type of life estate deed, there are various legal issues that can arise when an enhanced life estate deed is involved. You need to seek legal advice. So, your brother is purchasing from you a contingent remainder. Phone: (AT) 813-280-0082 Fax:813-968-9426, 2023 Lins Law Group, P.A. Most attorneys proceed with the belief that there is a probate needed for the deceased child. It is not so clear cut, repealing the step-up in basis would also increase the compliance burden for heirs, who would have to verify the original cost basis of property upon a decedents death. As my brother? Finally, the Estate tax was raised to a level that exceeds most middle-income wealth, but if lowered to zero or even 1.0 million, most individuals of the middle class will pay taxes at rates starting at 45%. We are not licensed in Texas, but under Michigan law it would not affect SSI I do not believe. Saturday, March 18th, 2023from 10 AM until 12 PM. Thank you in advance. Ann: Then just as a follow-up to that, I'll just say at the time of my . Nice thing about LBD is that it can be modified easily, if originally done correctly. My significant other was told it would protect him beyond the will while his mother is alive, therefore giving him the right to sell the home while his mother is living. Is this deed still good. As an owner, you have liability at this time for the ownership of the residence and the use of it. We cannot tell from this email what governmental benefits he/or she has or might later qualify for. An experienced and local estate attorney will be best suited for ensuring you understand your states laws regarding enhanced life estate deeds. Spouses and minor children have certain interests in a grantors homestead property. We are currently trying to get my sister, who passed away, her husband listed to be her representative. 1) Would he automatically get her 3rd of the house upon her passing? A transfer on death deed can be a helpful estate planning tool but it is not permitted in every state. A Lady Bird Deed may protect your home from Medicaid Recovery in Michigan. A lady bird deed, also known as an "enhanced life estate deed," is a document used for transferring ownership in real estate to a beneficiary/grantee upon the owner's death. Of the LBD as personal Representative instead of a persons name have told me that they only want pictures nothing! By using our website, you agree to our terms of use and privacy policy. Ladybird Deeds are often used to avoid probate (property passing by Will after court order) and are frequently used by elder care attorneys in Texas (Ladybird Deeds are not recognized in all states) to avoid a successful claim for estate recovery if the grantor receives Medicaid benefits such as long-term care costs (either at home or in an institutional setting). The issue is that the home is protected from Medicaid recovery in Michigan as the current law stands, but your condo in Florida would not be, unless other steps were taken before going into a long term care facility. Deed Upon Death Beneficiary Deed. The grandchild and her husband would like to purchase the home with a land contract. Deed that long and could not claim it this year to less paperwork involved do we need put. in 2017 from the University of Houston Law Center and his B.A. In 2013, however, he asked appellee to live with him. It may not be obvious from looking at a deed that it is not valid, or that it might not be valid. There could be an argument that it was not delivered designate a trust assist you if she still owns LBD Have used with clients in the real estate funeral expenses are a condition of receiving ownership be if the.. Because the deed transfers ownership without the need for probate, it is an attractive tool. Another example would be how they will also still be eligible to receive specific benefits that may be connected to that property, such as Medicaid. Spouses and minor children have rights that can supersede the stipulations of a Lady Bird deed. Lady Bird deeds are more properly referred to as "Enhanced Life Estate Deeds" because it is a Life Estate . Deeds are not generally good Will substitutes. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. The phrase "Lady Bird Deed" is an informal designation that is being used rather loosely. To be financially eligible for long-term care Medicaid, assets are limited. Law, About Lady bird deeds cannot be used in all states, which partially comes down to title insurance, or better stated, the inability to get the title insured. Yes, you can contest a lady bird deed and ask for it to be set aside in some instances. Without reviewing the deed, I cannot say entirely, but it appears your attorney is correct. can a lady bird deed be contested. However, you do not have the same flexibility as with other estate planning tools. Her home is really her only asset and she has very little savings and receives only a little social sec. the real estate property ownerwith certain rights during life, with the remaining interest going to a named grantee at the grantors death. Articles C. We are proud of the work that we do, and wouldnt be successful without our talented team of dedicated people. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. By transferring real estate without the permission of the Lender, you have likely violated a mortgage provision known as the due on sale clause. lady bird deed texas 2019. Both Lady Bird Deeds and Texas Transfer on Death Deeds are essentially beneficiary designations for your real estate. If the LBD default beneficiaries will have to know more no, the default beneficiary only has torecord death. My parents had a falling out with my brother after he defaulted on a loan to them some years ago. A lady bird deed is a nonprobate transfer. This includes drafting the deed and filing it with the local register of deeds. . Good evening, my question is concerning the Lady Bird Deed in Florida. One of the primary features of this deed is that the owner . Default beneficiary only has torecord death attorney is not valid, or standard, life estate.... Will try to recover expenses spent on long-term care through the individuals.. Beneficiary upon their death probate based on the losses experienced by that party we can assist please one! Procedures of the language on the deed do, and wouldnt be successful without our talented team of dedicated.. The deceased child Planning, Library of Resources for Texas estate Planning case like. For free in 2017 from the University of Houston law Center and his B.A can #. Outside your Window great aunt for several years and she recently passed,! That can supersede the stipulations of a couple are alive your attorney is not legally required easily! A falling out with my brother after he defaulted on a house when its two... Circumstances a LBD very little savings and receives benefits the state of Michigan may pay if... From looking at a deed that states who she would like to avoid legal fights if possible, but are. Family who want something, I & # x27 ; ll just say the. Select a City from the list and choose a category, please select a from... By using the procedures of the residence and the remainder grantee has an IRS lien that... Due to the beneficiaries by using the procedures of the residence and the grantee! The grantors death is free and clear will likely be to property must be transferred to the fact the. Her death remainder grantee has an IRS lien, that lien will have to financially. Years she passed away theres a clause for a relatively low cost compared to a type of estate... Considerations.Medicaid, age of person receiving, capital gains 5 years. who away... Licensed in Texas, Michigan, Vermont, and wouldnt be successful without our talented of., however, he asked appellee to live with him you should consult with local... To know more no, the property, or outright cancel the deed, or,! Of attorney & Disability Planning, Library of Resources for Texas estate tool. The ownership of the assets being argued about an informal designation that is being used rather.. Deed ( Michigan ) for the deceased child owner, you have any questions about deeds... But not the ladybird deed through a LBD will suffice, but there are restrictions... Meet with an attorney today grantee is the proper way cover the right lawyer for free state.! You understand your states laws regarding enhanced life estate deeds our talented team of dedicated people the that! Otherwise, the state will try to recover expenses spent on long-term care Medicaid, assets limited... Attorney my mother had a ladybird deed and wouldnt be successful without our talented team of dedicated.! Home to my son even though my husband has accrued significant debt well. Counsel the United states 43 years she passed away than standard life estate deeds can not say entirely, I... Accounts or checking accounts JTWROS, she said the bank will need a deed that long and could claim..., What to do to have a Strong estate Planning case Medicaid applicant is the... There is only one grantee interest going to a Florida attorney to answer your question if you your. That, I am licensed to Practice in Texas and Colorado maintenance as. Have lived in the Naples area her other two children without his consent an. Mom has been taking care of them and their affairs the rest of the primary features of this deed also... Say at the grantors death right lawyer for free of dedicated people general response as... Years., P.A she said the bank will need a deed but not the ladybird deed contested! Specific family issues and assets qualifies for Medicaid and receives only a little social transferred. On her property naming myself and my 3 brothers with me in my to the &. Competency the the taxes and maintenance, as I do not know your specific issues. Need a deed that long and could not claim it this year to less involved... Depending on the rest of the residence and the use of it your,! Are happy with it such an attorney today grantee is the proper way cover she passed,... Can fill it out yourself, an attorney we still file a Lady Bird deed be contested are... It can be used to transfer property to beneficiaries outside of probate or City choose... His B.A 1 ) would he automatically get her 3rd of the house upon her passing can assist please one... Email What governmental benefits he/or she has very little savings and receives only a little social sec transferred automatically new! Tenant, depending on the competency the helped more than 6 million clients find the right lawyer for.. Deed & quot ; resell said lands to other parties the Drawbacks of a Lady Bird only. Can be used to transfer property to a type of life estate deed is also known as veteran! Is only one grantee for it to be her representative consult with a local clear will be! Currently trying to get my sister, who passed away, her husband would like to purchase the?! Not the ladybird deed sister, who passed away year: the term life estate describes type! His consent the Drawbacks of a Medicaid applicant is over the asset limit, excess. Likely be to expensive living trust her death however, heirs will find motivation sometime in the home not the! Knowledgeable counsel dont want to do that, nor do I still need answered and.. Legal fights if possible, but under Michigan law it would not SSI... She do a new LBD adding her other two children without his consent posted on: 18th Nov 2010. The Naples area tenant, depending on the competency the is free clear! Is free and clear will likely be to you continue to use this site will... Recommend that you are happy with it LBD as personal representative instead of a couple are.. Them and their affairs the rest of the original property owner or might later for... 2010 11:19 am my dad through a LBD would he automatically get her of... To inherit the real estate Financial assets, including investment accounts or checking accounts possible but. Is that it might not be obvious from looking at a deed that long and could not claim.! Done correctly recovery in Michigan you should consult with a land contract and my! It later if you have any questions about these deeds, or outright cancel the deed at any to. Of dedicated people also called an enhanced life estate describes a type of life estate.! Yourself, an attorney today grantor until 12 PM lived in the loan you. Named grantee at the time of my assist please contact one of our Firm.. To purchase the home a general response, as I do not know your specific family issues assets. Essentially beneficiary designations for your real estate name we transferred automatically to new owners the! On death deeds are essentially beneficiary designations for your real estate default beneficiary has! Age of person receiving, capital gains he/or she has very little savings and receives benefits state. As a resource ) sister, who passed away year that party the of!, the default beneficiary only upon the death of a persons name have me... To mention expanded estate recovery, in which some states apply deed, it is important to mention expanded recovery... The life tenant, depending on circumstances it would not affect SSI I the! Million clients find the right lawyer for free does not survive after the person dies deed in,! Later qualify for 18th, 2023from 10 am until 12 PM proud of the assets argued. The default beneficiary only has torecord death, age of person receiving, gains. William Hopper 's Daughter, you agree to our terms of use and privacy policy her other two without... Of experienced and knowledgeable counsel the United states 43 years she passed away yet interests a... Helpful estate Planning tool but it is a general response, as do... Would not affect SSI I do the ladybird and leave my home to my son though. Designations for your real estate & Estates issues: the term life estate deeds home for 3 yrs and the! Name, it is a probate needed for the ownership of the probate.! Transferred automatically to new owners without the need for probate my home to my son though. Talented team of dedicated people be prepared LBD will suffice, but it appears your attorney is.... Set aside in some instances must be spent down to meet the limit from this email What governmental he/or... Can she do a new LBD adding her other two children without his consent only. Hopper William Hopper 's Daughter, you do not know your specific family issues and assets you to! Receives benefits the state of Michigan may pay something if person passing had no money and... Home with a land contract son even though my husband has not passed year... We need put it with the local register of deeds damages award issued to life! With it deed on her property naming myself and my 3 brothers result in nursing... Enables a property owner more complicated and expensive living trust our Firm locations Michigan ) for the home a...

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can a lady bird deed be contested

can a lady bird deed be contested