Ladybird Deeds in Maryland

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Overview

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

Sources

Compliance

Forms

Search

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.

Underwriting

Recording

Pricing

Cross-References