If a particular grantee beneficiary dies before the record owner’s death, then the transfer to that person “lapses” and is deemed revoked. See O.C.G.A. 44-17-5(b).

For example, if Susan conveys a Ladybird Deed to Jack and Jill, but Jack dies before Susan, then at Susan’s death the entire property can go to Jill (after she files the proper Affidavit).

However, if Susan conveys a Ladybird Deed only to Jack, and Jack dies before Susan, then at Susan’s death the property would need to go through Probate because there would be no remaining beneficiary of a Ladybird Deed.

When the Ladybird Deed beneficiaries predecease you, it is advisable to create a new Ladybird Deed with new beneficiaries.

An alternative to a Ladybird Deed which anticipates the need for a “backup” beneficiary is the use of a Will (which requires Probate) and a Trust (which does not require Probate). Fletcher Estate Planning can assist with all of these tools!