Ladybird Deeds in Maryland

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Overview

Maryland uses the term "Life Estate with Powers" rather than Ladybird Deed.

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Examination

They are sometimes entitled “Life Estate With Powers”, but more often are just called a Deed. You have to look at the body of the deed to see if powers to convey or encumber have been retained by the life estate tenant.

They will also contain a prohibition against replacing the remainderman/men.

A life estate which reserves the power to mortgage or sell the property isn’t called a Lady Bird deed here, but rather a “life estate with powers”. Under our case law, the life estate tenant cannot switch out the remainderman, therefore even these remainders are considered to be vested.

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