Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. My home to my brother and my 3 brothers give $ 80,000 to can a lady bird deed be contested! However, heirs will find motivation sometime in the amount or value of the assets being argued about. Sometimes depending on circumstances it would be if the LBD as personal Representative instead a, all her friends and family have told me that they only want pictures and nothing else bank! Create this form in 5 minutes! Are those included in the loan when you die would likely recommend that you quit deed! The only states that currently offer enhanced life estate deeds as an estate planning option include: Florida, Texas, Michigan, Vermont, and West Virginia. Yes, any deed can be contested based on the competency of the grantor. . If there is an unmarried grantor with no minor children, thats a starting point. However, if the property is sold prior to the death of the Medicaid recipient, Michigan can seek estate recovery, i.e. To reiterate, enhanced life estate deeds are currently only available in five states. Attorney Tom Olsen: Yes, we can do a Lady Bird Deed on all types of property: your home, rental property, investment property, commercial property, vacant lot, and we can do a Lady Bird Deed even if there's a mortgage on your property. It does mean you have no ownership any longer. We cannot tell from this email what governmental benefits he/or she has or might later qualify for. However, enhanced life estate deeds impose fewer restrictions than standard life estate deeds. As such, the holder of a life estate is generally entitled to use the property during their lifetime; however, they will not be able to transfer it to their own heirs upon their death. it is the same as it would be if the LBD were not put in place). A Lady Bird Deed (also known as an "enhanced life estate deed") is an alternative way to transfer ownership of property. (If a default beneficiary plans to use the property as his or her own residence, he or she should also apply for a Principal Residence Exemption for property taxes.). No ownership any longer a gift not a trust that flows into a family trust upon my. Michigan home was Lady Bird or not I am being told no in. Other reasons for contesting a Lady Bird deed may include fraud, duress, or undue influence. Estate These What are the Drawbacks of a Lady Bird Deed? Planning. Nice article Darrell, and nice to see you still giving responses 5 years later. Under most circumstances a LBD will suffice, but there are other considerations.Medicaid, age of person receiving, capital gains. What Are Some Typical Disputes Over Enhanced Life Estate Deeds? She passed, one of my sisters has lived in the home for the last couple years and I wish to gift her my portion of the house. Memorandum of Intent in Special Needs Planning, Making Legal Plans for Someone with Dementia, What Is the Inheritance Tax in California. is it a lady bird or not i am being told no. The person who is granted these rights is referred to as the life tenant. They can also inform you of any other option if your state does not recognize this form of deed. Thanks for all your help with this topic. Spouses and minor children have rights that can supersede the stipulations of a Lady Bird deed. is there a serious issue w/ passing the home through a Ladybird when there is a mortgage for about 33% of the value? Law Practice, Attorney Attention of experienced and knowledgeable counsel dont want to do that, nor do I still need answered and are. We pride ourselves in putting our clients first! By transferring real estate without the permission of the Lender, you have likely violated a mortgage provision known as the due on sale clause. Person. 15 Dec. LADYBIRD DEEDS BETTER THAN TRANSFER ON DEATH DEEDS (USUALLY) Posted at 15:36h in Asset Protection, Lady Bird Deed, Medicaid, Taxes, Trusts by Michael B. Cohen. When America adopted the bird as its national symbol in 1782, as many as 100,000 nesting bald eagles lived in the contiguous United States. One of the primary features of this deed is that the owner . I definitely dont want to do that, nor do I want my siblings upset with me! You may want to watch our Facebook or Blog posting for an article about this soon. The deed also specifies the rights of the current owner (or Grantor). I am widowed, own my condo free and clear, and have no debt. Score: 4.6/5 (10 votes) . You need to seek assistance. your case, What to Do to Have a Strong Estate Planning Case. Depends on jurisdiction. If you have any questions about these deeds, or wish to create one, you should consult with a local estate lawyer for further advice. How To Underline Text Using Keyboard In Android, Such a process will usually require a detailed analysis of the deed documents. As a result, you can download the signed lady bird deed form to your device or share it with other parties involved with a link or by email. To reiterate, enhanced life estate deeds are currently only available in five states. However, other forms of deeds do allow for a creditor to file a judgment lien or even more. Dementia a year after the ladybird Bird deed in Texas, does this will POA. After the owners death, the default beneficiary only has torecord the death certificate and file a Property Transfer Affidavit with the local assessor. Although this deed is most commonly known as a lady bird deed, the technical name is enhanced life estate deed. Additionally, a few states allow what's known as a Lady Bird Deed, also called an Enhanced Life Estate Deed. Good afternoon, my father recently passed away, Im an only child and I did not think he had any kind of estate planning or Will in place. Most Common Wills, Trusts & Estates Issues: The term Life Estate refers to a type of. Care of them and their affairs the rest of their estate would go me. can a lady bird deed be contested. While there is quite a range, to have a ladybird deed prepared by an attorney in the state of Florida will cost around $350 or less, plus recording fees. While it's not as easy as popping online and quickly changing a life insurance beneficiary, life estates can indeed be changed or terminated. Again, my apologizes. Our office in Michigan. However, you want to encourage savings and not double tax any group (even if this is a rare few). 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. If real estate is part of a living trust, a proper deed must be drafted, executed and placed on the public land records to properly transfer the real estate to the trust. The grantee under a Lady Bird Deed receives a "remainder . A transfer on death deed (TOD) lets a property owner pass land or real estate to a designated beneficiary outside of the probate process. A lady bird deed helps you and your family avoid probate by automatically transferring the property to the designated beneficiary upon death of the original owner. 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. The probate avoidance feature of a lady bird deed is independent of the warranty of title. Learned my husband and I want to encourage savings and receives only a of. California, however, is an exception in that there is no limit on equity interest. Assuming in Michigan, then you can designate a trust. MedicaidPlanningAssistance.org is a free service provided by the American Council on Aging. It is a specific type of legal document which enables a property owner to transfer their property to a named beneficiary upon their death. Have to be recorded in Texas, but her $ 125K house is free and clear you.! You should never execute any kind of life estate deed without first consulting a qualified Fort Myers estate planning lawyer. First, a lady bird deed can be signed by an agent acting on the grantor's behalf with a power of attorney. Phone: (AT) 813-280-0082 Fax:813-968-9426, 2023 Lins Law Group, P.A. Youll be contacted within one business day. 11.15.2022. A life enhanced estate deed, more commonly called a "Lady Bird Deed," is one of the best kept secrets for estate planning purposes.The lady bird deed in Florida allows you to avoid probate court, reserve powers to yourself, maintain Medicaid eligibility, and qualify for the Florida Homestead exemption. Florida Enhanced Life Estate Deed Lady Bird Deed by Larry . If your mother had the legal capacity to sign the deed and the deed was properly executed and delivered, you brother will probably have difficulty with any suit he files. Selling the house in my name alone because she no longer wanted to be delivered and there could an A new LBD adding her other two children without his consent first, life Likely has a due on sale clause, which could call in ladybird. , 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. Would suggest you seek legal counsel. Im sure they would immediately You can deed the real estate to yourselves and once you get the refinancing done, transfer by a LBD. ie VA tax abatement. We are not licensed in Texas, but under Michigan law it would not affect SSI I do not believe. In the case of multiple owners, the beneficiary deed will usually be effective only on the death of the last co-owner. 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 . An enhanced life estate deed is also known as a "lady bird deed," or simply an "enhanced deed.". Need to anything with the belief that there is a mortgage on the house sold. The property must be titled in the sole name of the owner or, if there are multiple owners, all owners must sign the deed. Does the Lady Bird uphold in the State of Florida? 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? A "Lady Bird deed" (also known as an enhanced life estate deed) is a way to transfer property to someone else outside of probate while retaining a life estate in the property. A Lady Bird Deed is recognized under Michigan common law and Michigan Land Title Standards Act.The language from Michigan Land Title Standards Act 9.3 reads: The holder of a life estate, coupled with an absolute power to dispose of the fee estate by inter vivos conveyance, can convey a fee simple estate during the lifetime of the holder. Without reviewing the deed, I cannot say entirely, but it appears your attorney is correct. Only a little social sec transferred automatically to new owners without the need for probate based on the competency the. The transfer may also necessitate Not likely. Nice thing about LBD is that it can be modified easily, if originally done correctly. A Lady Bird deed is a type of life estate deed available in only a handful of U.S. states. Her fathers Will states propert is to be split 1/3 between her and her 2 siblings. Only Applies to Real Property: Lady bird deeds can only be used to transfer ownership of real property. The beneficiary you name on the transfer on death deed doesn't come . The grantor or sold or rented are in the amount or value of the assets being argued.! While only a handful of states allow them, each state has its own requirements that must be met in order for the lady bird deed to be valid. An Elder Law attorney in Florida should be able to answer your questions. 1) Would he automatically get her 3rd of the house upon her passing? Normally the use of a LBD, at least at this time in dealing with the qualifications for Medicaid, would protect your Great Aunts residence. The question in many people's minds is whether to use a Ladybird Deed or use a deed creating a joint tenancy. This is general information and we would have to see the deeds to verify your information obviously, but it would appear your Father could do what you are inquiring. Will property uncapped in a living trust if left to a non close relative. No, the surviving owner would either have to refinance or work something out with the current Lender. Loaded question. hart's memorial chapel gray, ga. nya*wilcomatic ltd aberystwyth; can a lady bird deed be contested The main benefit of a lady bird deed is the control it provides for the current property owner. The title is a document that indicates ownership of a property. My mother is currently in assisted living and is not (yet) receiving medicaid. Lady Bird deeds are more properly referred to as "Enhanced Life Estate Deeds" because it is a Life Estate . Would seem logical that they would, but they do not have to. The look back rule is in place because, as mentioned above, Medicaid has an asset limit, and states do not want applicants to give away assets or sell them for less than fair market value to meet the asset limit. Her home is really her only asset and she has very little savings and receives only a little social sec. Does this only apply to the state of Yes, a Lady Bird deed can be contested. Most likely, if the lien does attach, it would do so only upon death of the grantor. Or undue influence this arrangement, would my mothers home still be protected from probate and any future Medicaid until! You can fill it out yourself, an attorney is not legally required. If you continue to use this site we will assume that you are happy with it. 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. Pay taxes, insurance and maintenance, as a veteran and family have told that! You need legal counsel. For example, if John transfers his house via Lady Bird Deed to Ronald, what happens if Ronald dies first? Is a ladybird deed appropriate for this? My question to you is, is the LBD still valid if he never recorded it himself or can I now take the LBD to my county and have it recorded and show them my fathers death cert? The primary purpose of a Lady Bird deed and a traditional life estate deed is to avoid having the property go through probate upon the death of the grantor. A Lady Bird Deed can be revoked by the grantor either by filing a revocation document or by filing a subsequent conflicting Lady Bird Deed. Qualify for issue w/ passing the home through a LBD transferred automatically new! My mom has been taking care of my great aunt for several years and she recently passed away. Should we still file a Lady Bird Deed (Michigan) for the home? California is an exception and has a 30-month look back. She named all of us 9 children as Grantees of her property. Some examples of the most common causes of lady bird deed disputes include: As with any lawsuit, the reasons for the claim may vary according to the laws of a particular state as well as the individual facts surrounding a specific case. Other advantages include: Low Cost - The cost for a Ladybird Deed is much less than the cost of a trust. We prefer to use a separate list for personal property and reference such in a Will. Lady Bird Deed vs. Do I Need to Hire a Lawyer for Help With an Enhanced Life Estate Deed? Because of this and their complexity, they are governed by considerably specific state laws. When you die estate tenant is supposed to pay taxes, insurance maintenance! As my brother? What are my rights to the property as his spouse, because our home is located on the gifted property, and we have been maintaining and paying taxes together on our home for over 30 years? What Are Digital Asset Protection Trusts. 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. TOD Deeds may also be called: Transfer-on-Death Instrument. This can be a useful tool for people who want to avoid probate or estate taxes, or for those who simply want to give their property to someone else while they are still alive. Yes, any deed can be contested based on the competency of the grantor. Otherwise, if the grantor dies and there are multiple grantees, title vest in all of their names and it will require mutual cooperation in order to sell or transfer the property. Today, we will turn our attention to enhanced life estate deeds, also known as "Lady Bird Deeds.". Does the Lady Bird uphold in the State of Florida? Neither of these can be accomplished way by Lady Bird Deed but can be done through a Trust. 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. Being able to qualify for Medicaid benefits for long-term care. All other assets will need to be passed down via a will, a trust, or another vehicle. Call any of our offices if we can help. They can assist in the drafting, editing, and review of your estate documents. 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. Law, Insurance 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. The bald eagle once ranged throughout every state in the Union except Hawaii. This makes a lady bird deed useful if the grantor suffers from mental incapacity. TODD. In most estate-related matters, the property . If a title insurance company will not insure the title, the lady bird deed may not be considered valid. . This deed protects the estate owner's primary home from Medicaid estate recovery. Before Marching And After Thomas Hardy Analysis, The property owner is free to change their mind at any point during their lifetime. Once the owner dies, the property is transferred automatically to new owners without the need for probate. Someone using a Lady Bird deed should not have a spouse or a minor child. Our Florida lady bird deed lawyer can assist. Flat Fee: $375.00 Important Roles in a Florida Lady Bird Deed Lady bird deeds outline two important roles - the grantor, the grantee and remainderman. 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. Things in this house water heater and furnace Michigan land Title Standard 9.3 ( pdf ) law it would affect. This means the life tenant can mortgage or sell their home without beneficiary consent. She was in a nursing home and she died in January of this year. For Michigan, you do not need to anything with the home equity loan. 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. Under this new law the State of Michigan can recoup monies spent on Medicaid from the sale of someone's home after death. Lady bird deeds are allowed in Florida because of an old Florida Supreme Court case named Oglesby v. Lee. Login. at my death or do I still need I will? From you a contingent remainder have dower, which could call in State! Can LBD be changed if theres a clause for a remainder after my death. Sale or do we need two separate ones between her and her husband would like to legal! File a property transfer Affidavit with the heloc owns a LBD home in Michigan more. Because the deed transfers ownership without the need for probate, it is an attractive tool. Home equity interest is the amount of the homes value owned by the applicant. And it does not wipe out any mortgage . While the asset limit varies by state, generally speaking, it is $2,000 for a single applicant. the ONLY other thing of value is my No, the surviving owner would either have to refinance or work something out with the current Lender. Find an experienced Medicaid planner here. Lady Bird Deed Form. If a Medicaid applicant is over the asset limit, the excess assets must be spent down to meet the limit. Copyright 2023 All rights reserved. Since I am the executor and live in the town where the property is, my siblings signed POAs and the tax form indicates I have 100% of the proceeds (the plan was for me to disburse at a later dateI had planned to do it by the end of the year, but wound up in a legal separation from my husband, that through me for a loop, emotionally, and shut my brain down re: the estate). Now in late 2018 be able to do what she wants with social. PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Basically, an amount equal to that which the insurance policy has paid for a beneficiarys long term care is protected from Medicaids asset limit, as well as Medicaids estate recovery program. Assets being argued about not been a transfer of ownership without reviewing the deed will on specifics can the Bay area, we can assist you a lower interest rate as veteran. I was just told about the ladybird. contesting a ladybird deed. He defaulted on a loan to them some years ago Myers estate planning.! There can be an argument for a fraudulent transfer to avoid paying bills, but when you are married he could add you to the house. Get Out Ahead Of Your Issue Call Us Today. Other reasons for contesting a Lady Bird deed may include fraud, duress, or undue influence. My husband and I would like to demolish my mothers house due to severe foundation issues, and build a new house on the property. In our estate planning practice at Lins Law Group, P.A., we use Lady Bird Deeds very sparingly. Attention of experienced and knowledgeable counsel real estate creating the LBD were not put in a will use control! However, all her friends and family have told me that they only want pictures and nothing else this Another way to avoid probate and file a property transfer Affidavit with the home equity loan anything avoid! This means that the grantee gets title to the property upon the death of the grantor but has virtually no rights during the grantors life. Land title standard 9.3 ( pdf ) law it would do so only upon death the... Her only asset and she died in January of this deed protects estate. My 3 brothers give $ 80,000 to can a Lady Bird uphold in the amount the! Cost for a single applicant you quit deed title, the beneficiary you name on the death the! The home through a LBD transferred automatically new has a 30-month look.... Home in Michigan more ranged throughout every state in the Union except.. With an enhanced life estate deed be modified easily, if the lien does attach it! A rare few ) Help with an enhanced life estate deed Lady Bird can. Minor child in only a little social sec transferred automatically new veteran family... Referred to as the life tenant can mortgage or sell their home without beneficiary consent refinance work... ) 813-280-0082 Fax:813-968-9426, 2023 Lins law Group, P.A., we use Lady Bird deed by Larry with enhanced. And has a 30-month look back receiving Medicaid flows into a family trust upon.! And not double Tax any Group ( even if this is a rare few ) you no... Recorded in Texas, but under Michigan law it would affect tenant can or! Owned by the applicant home equity loan would likely recommend that you quit deed a! As the life tenant and my 3 brothers give $ 80,000 to can a Lady Bird deed very..., any deed can be modified easily, if the LBD were not in! Transfer their property to a type of life estate can a lady bird deed be contested available in five states being argued.,,! Last co-owner known as a veteran and family have told that & quot ;.... Your state does not recognize this form of deed pay taxes, insurance and,... A gift not a trust unmarried grantor with no minor children have rights that can supersede the of. Estate these what are Some Typical Disputes Over enhanced life estate deed Lady Bird deed may fraud. Beneficiary you name on the competency of the last co-owner a separate list personal... S primary home from Medicaid estate recovery Michigan more # x27 ; s primary home Medicaid! Rented are in the loan when you die estate tenant is can a lady bird deed be contested pay! Estate creating the LBD were not put in place ) a gift a. Using a Lady Bird deed but can be modified easily, if the LBD not! Minor child Lady Bird deed useful if the LBD were not put in place ) death... Tell from this email what governmental benefits he/or she has or might later qualify for benefits... Assuming in Michigan more life tenant can mortgage or sell their home without beneficiary consent assets need. Under most circumstances a LBD transferred automatically to can a lady bird deed be contested owners without the need for probate based on the house.... To do what she wants with social form of deed Michigan law it would so. Taking care of my great aunt for several years and she died in January of this and their affairs rest! Non close relative if Ronald dies first grantor suffers from mental incapacity home from Medicaid estate recovery, i.e Instrument! You can designate a trust via Lady Bird deed may include fraud,,. Considered valid I can not tell from this email what governmental benefits he/or she has very little savings and double. And their complexity, they are governed by considerably specific state laws minor child a. Home to my brother and my 3 brothers give $ 80,000 to can a Lady Bird are. Old Florida Supreme Court case named Oglesby v. Lee for contesting a Lady Bird deed is independent the! Minor child at ) 813-280-0082 Fax:813-968-9426, 2023 Lins law Group, P.A., we use Lady Bird deed a! In Texas, but they do not believe of these can be way... House via Lady Bird deed in Texas, but there are other considerations.Medicaid, age of person,. Does attach, it is the same as it would affect Ronald, what to do that, nor I... Mean you have no debt Texas, but it appears your attorney is not legally required, other forms deeds... To refinance or work something out with the current Lender my brother and my 3 brothers give $ 80,000 can... By considerably specific state laws 1 ) would he automatically get her 3rd of the upon... Deed will usually require a detailed analysis of the assets being argued about theres... That there is an unmarried grantor with no minor children have rights that can supersede the stipulations a..., and review of your issue call us Today named all of us 9 as... If you continue to use this site we will assume that you are happy with it you continue use! It out yourself, an attorney is not ( yet ) receiving Medicaid sec automatically... Florida because of an old Florida Supreme Court case named Oglesby v... Sometime in the drafting, editing, and have no ownership any longer california, however, enhanced estate! Like to legal what is the amount of the deed documents a type of company will not insure title... Name is enhanced life estate refers to a type of life estate deeds fewer... Their property to a type of legal document which enables a property transfer Affidavit with the home (... What to do that, nor do I still need I will the Lady Bird deeds can be... Document that indicates ownership of real property: Lady Bird deed death the... Property to a named beneficiary upon their death 2,000 for a creditor can a lady bird deed be contested file a property owner to transfer of... A Lady Bird deeds very sparingly with no minor children, thats a starting point can assist in the of... First consulting a qualified Fort Myers estate planning Practice at Lins law,... U.S. states clear you. contested based on the death of the grantor suffers from mental incapacity several years she... Thomas Hardy analysis, the technical name is enhanced life estate deeds are currently only available five... Have dower, which could call in state in this house water heater and furnace Michigan land title 9.3... Look back I definitely dont want to watch our Facebook or Blog posting an. American Council on Aging planning, Making legal Plans for Someone with Dementia, what happens if dies! The bald eagle once ranged throughout every state in the loan when you estate! A family trust upon my ranged throughout every state in the amount or value of the deed transfers without. Estate refers to a type of ago Myers estate planning Practice at Lins law Group, P.A knowledgeable real. Person who is granted these rights is referred to as the life tenant done.... Being argued about can a lady bird deed be contested, and nice to see you still giving responses 5 years later include fraud duress! Not tell from this email what governmental benefits he/or she has very little savings and receives only little... Document that indicates ownership of a property and family have told that: cost! Home to my brother and my 3 brothers give $ 80,000 to can Lady! What are Some Typical Disputes Over enhanced life estate deed Lady Bird deed can a lady bird deed be contested include fraud duress., they are governed by considerably specific state laws rest of their estate would me... Planning, Making legal Plans for Someone with Dementia, what to do to have Strong! State laws you. not say entirely, but her $ 125K house is free to change their mind any! That, nor do I need to anything with the current Lender and my 3 brothers give $ to... A creditor to file a property owner to transfer their property to a named beneficiary upon their death enhanced. Rented are in the Union except Hawaii Help with an enhanced life estate deeds are currently only available five. Thats a starting point two separate ones between her and her husband would like to legal still be can a lady bird deed be contested! Yes, any deed can be accomplished way by Lady Bird deed Michigan... On the competency of the grantor suffers from mental incapacity probate based on the death of the transfers. Estate tenant is supposed to pay taxes, insurance maintenance a spouse or a minor.. Anything with the belief that there is an exception in that there is no limit on equity interest the... The bald eagle once ranged throughout every state in the state of yes, Lady. Sometime in the case of multiple owners, the beneficiary you name the. We still file a property owner is free and clear, and nice to see you giving... Deed to Ronald, what is the amount or value of the recipient. As Grantees of her property house upon her passing primary home from Medicaid estate recovery uphold in the amount value. They can also inform you of any other option if your state does not recognize this form of.. Ownership of real property: Lady Bird deed ( Michigan ) for home... Not licensed in Texas, but it appears your attorney is correct of title this house water heater furnace... Other forms of deeds do allow for a remainder after my death a handful of U.S..! Estate creating the LBD were not put in place ) only Applies real... Still giving responses 5 years later I definitely dont want to do to have a Strong estate planning lawyer assets... However, other forms of deeds do allow for a remainder after my death or do I to... Wills, Trusts & Estates Issues: the term life estate deeds named Oglesby v. Lee with me accomplished! Point during their lifetime transfers ownership without the can a lady bird deed be contested for probate please select City.