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Florida Life Estate Deeds: What They Are and How They Work
Prenuptial and Postnuptial Agreements in Florida: What You Need to Know
08/02/2025
📝 Florida Life Estate Deeds: What They Are and How They Work
A Florida life estate deed is a powerful estate planning tool that allows you to transfer property to a beneficiary while still living in your home for the rest of your life. Here’s how it works and when it makes sense to use one.
🏡 What Is a Life Estate Deed?
A life estate deed allows a property owner (called the life tenant) to retain the right to live in and use the property during their lifetime. After their death, the property automatically passes to the remainderman (the beneficiary) without going through probate.
This tool is commonly used in Florida to:
  • Simplify estate transfers
  • Avoid probate
  • Ensure a trusted person receives the home
🔄 Life Tenant vs. Remainderman: Who Owns What?
  • Life Tenant: Has the right to live in and use the property for life
  • Remainderman: Becomes full owner automatically when the life tenant dies
⚠️ The life tenant can’t sell or mortgage the property without the remainderman’s consent.
✅ Benefits of a Florida Life Estate Deed
  • Avoids probate
  • Retains homestead protection
  • Maintains Medicaid eligibility (with Lady Bird variant)
  • Low cost estate planning alternative
  • Allows you to stay in your home for life
⚖️ Types of Life Estate Deeds in Florida
1. Traditional Life Estate Deed
  • Remainderman has a current vested interest
  • Life tenant cannot revoke the deed or change the remainderman
2. Enhanced Life Estate Deed (Lady Bird Deed)
  • Life tenant keeps more control
  • Can sell, mortgage, or revoke without beneficiary’s consent
  • Avoids probate and doesn’t count as a gift for Medicaid planning
✅ Lady Bird Deeds are the preferred option in Florida for flexibility and protection.
📋 How to Create a Life Estate Deed in Florida
To be valid in Florida, the deed must:
  • Include specific life estate and remainder language
  • Be signed, notarized, and recorded with the county clerk
  • Comply with Florida homestead and Medicaid rules (if applicable)
It’s highly recommended to use attorney-reviewed deed templates to avoid costly mistakes.
👨‍⚖️ Should You Use a Life Estate Deed?
A life estate deed is a good fit if:
  • You want to avoid probate
  • You trust the remainderman
  • You plan to stay in the home for life
  • You want to preserve Medicaid eligibility while keeping property control
Not ideal if:
  • You may want to sell the home later (unless using a Lady Bird Deed)
  • You’re unsure about the beneficiary
  • There are multiple heirs or disputes expected
🧾 Florida Legal Form Corporation Can Help
We offer:
  • ✅ Attorney-prepared Life Estate and Lady Bird Deed forms
  • ✅ Flat-fee deed preparation
  • ✅ Quick turnaround and county-specific recording instructions
  • ✅ Estate planning guidance without high hourly rates
🧠 Final Thoughts
A life estate deed—especially a Lady Bird Deed—is one of Florida’s most efficient ways to pass on real estate without court involvement. But it must be done right.
Secure your home’s future. Download your life estate deed package now at
👉 FloridaLegalForm.com
08/01/2025
📝 Prenuptial and Postnuptial Agreements in Florida: What You Need to Know
Planning a wedding—or already married? A marital agreement might not sound romantic, but it can be one of the smartest financial and legal decisions you make. Here’s how Florida prenuptial and postnuptial agreements work—and why they matter.
💍 What Is a Prenuptial Agreement?
A Prenuptial Agreement (also called a “prenup”) is a written contract created before marriage. It outlines how property, assets, debts, and potential alimony will be handled in the event of divorce or death.
Florida law recognizes prenups under the Uniform Premarital Agreement Act (UPAA), adopted in Florida Statutes § 61.079.
💑 What Is a Postnuptial Agreement?
A Postnuptial Agreement (or “postnup”) is similar to a prenup—but it’s signed after the couple is already legally married. It serves the same purpose: defining financial expectations and protections.
Unlike a prenup, a postnup requires additional legal scrutiny because couples already owe each other fiduciary duties once married.
📝 What Can These Agreements Cover?
  • Division of property and assets
  • Protection of premarital or inherited wealth
  • Spousal support or alimony terms
  • Debt responsibility
  • Business interests and investments
  • Estate planning provisions (with some limits)
⚠️ Note: These agreements cannot determine child custody or child support—that remains under the court’s jurisdiction.
✅ Why Use a Prenup or Postnup in Florida?
  • Protect business interests
  • Clarify financial expectations
  • Safeguard inheritance rights or family assets
  • Avoid drawn-out litigation in a divorce
  • Establish peace of mind for both spouses
They're especially important in second marriages, blended families, or when one spouse brings significantly more wealth or debt into the relationship.
⚖️ Are They Enforceable?
Yes—if they meet legal standards. In Florida, the agreement must be:
  • In writing and signed by both parties
  • Entered into voluntarily, without coercion or duress
  • Fair and reasonable at the time it was signed
  • Accompanied by full financial disclosure
👨‍⚖️ Do I Need an Attorney?
Technically, you can draft your own marital agreement—but to be enforceable in court, it must be written precisely and meet all legal requirements. At Florida Legal Form Corporation, we provide:
  • ✅ Attorney-drafted prenup and postnup templates
  • ✅ Optional flat-fee consultations
  • ✅ Review services to ensure fairness and validity
🧾 Final Thoughts
Marital agreements aren’t just for the wealthy—they’re for any couple who values transparency and planning. Whether you're about to say “I do” or already married, a well-crafted agreement protects both parties and reduces conflict down the road.
Secure your future. Get your Florida prenuptial or postnuptial agreement today at
👉 FloridaLegalForm.com
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