A Texas Enhanced Life Estate Deed, often informally referred to using a specific descriptive phrase, is a legal instrument that allows a property owner to transfer real estate to beneficiaries while retaining significant control over the property during their lifetime. This control includes the right to sell, mortgage, or lease the property without the beneficiary’s consent. Upon the owner’s death, the property automatically transfers to the named beneficiaries, bypassing probate. For example, an individual might use this type of deed to transfer their home to their children, while retaining the ability to live in and manage the property for the remainder of their life.
This estate planning tool offers several advantages. It allows for a streamlined transfer of property, avoiding the often lengthy and costly probate process. It also permits the owner to retain control over the asset, providing flexibility in the event of changing circumstances or financial needs. Furthermore, the transfer may offer protection from Medicaid estate recovery, potentially safeguarding the asset for the beneficiaries. The increasing popularity of this deed stems from its ability to balance the desire to pass on assets with the need for continued control and security during the grantor’s life.