Must a lawyer prepare a life estate deed for me or can I prepare one based on a standard form and record it myself?

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Must a lawyer prepare a life estate deed for me or can I prepare one based on a standard form and record it myself?

Asked on December 22, 2015 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is not a requirement that any attorney actually prepare the life estate deed such that their info would need to be on there.  However, most will put the contact info on their in the event an issue ever arises to its validity.
You can repare a life estate deed on your own... however, know that you run the risk of a dispute arising after your passing if the new life is estate is not properly executed under Texas law or if it potentially conflicts with another properly executed gift.  If you want a certain gift or conveance to be honored, it is prudent to at least have an attorney review the your new life estate deed to insure its compliance with the code.


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