Florida Lady Bird Deed
π Lady Bird Deed (Enhanced Life Estate Deed)
A Lady Bird Deed allows you to transfer your property to a beneficiary upon your deathβwithout going through probate. You retain full control during your lifetime and can sell or revoke the deed at any time.
Perfect for: Estate planning, avoiding probate, keeping Medicaid eligibility.
Perfect for: Estate planning, avoiding probate, keeping Medicaid eligibility.
β Avoid probate
β Retain full ownership
β Immediate transfer on death$499This Deed Requires a Consultation with an Attorney which is Inculded in the Price.
FAQ
What is a Lady Bird Deed?
Itβs a special deed that lets you keep control of your property during your life and automatically transfer it upon death.
Itβs a special deed that lets you keep control of your property during your life and automatically transfer it upon death.
Do I need a trust if I use a Lady Bird Deed?
Not necessarily. A Lady Bird Deed can avoid probate without a trust.
Not necessarily. A Lady Bird Deed can avoid probate without a trust.
Is this deed valid in all Florida counties?
Yes, Lady Bird Deeds are legally accepted across Florida.
Yes, Lady Bird Deeds are legally accepted across Florida.
Can I revoke the deed later?
Yes, you retain full control and can revoke or sell the property anytime.
Yes, you retain full control and can revoke or sell the property anytime.
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What is a Florida Lady Bird Deed?
A Lady Bird Deed allows a property owner to:
- Transfer property automatically to beneficiaries upon death
- Avoid probate
- Retain full control of the property during their lifetime (can sell, refinance, revoke)
- Remain eligible for Medicaid planning purposes (in most cases)
π Eligibility Requirements for Using a Lady Bird Deed
You can use a Lady Bird Deed in Florida if:
- The property is located in Florida
- You are the sole legal owner (or co-owners agree to transfer interest)
- You want to name one or more remainder beneficiaries (grantees)
- You want to retain a life estate with enhanced rights
- You are not subject to a court restriction or lien that prevents transfer
π Information Required to Prepare a Florida Lady Bird Deed
πΉ Grantor (Property Owner) Information
- Full legal name(s)
- Mailing address
- Marital status
- Signature(s) must match how the name appears on the current deed
πΉ Grantee (Remainder Beneficiary) Information
- Full legal name(s) of beneficiary or beneficiaries
- Relationship to grantor (optional, but helpful)
- Address (recommended for recording and notice purposes)
πΉ Property Information
- Street address of the property
- Legal description from current deed (exact wording required)
- Parcel or tax ID number (optional but helpful)
π Required Documents
- Florida Lady Bird Deed document β properly drafted and notarized
- Current deed or title for reference (to ensure accuracy of legal description)
- Self-addressed stamped envelope (if mailing recording documents)
Prepared deed should state that the grantor retains a life estate with full powers, including the right to sell, mortgage, or change beneficiaries.
ποΈ Signing and Execution Requirements
- Deed must be signed by the grantor(s)
- Must be notarized
- Must have two witnesses (in addition to the notary)
- All signatures must be original (wet ink), no electronic signatures for recording
ποΈ Recording the Deed
- Take or mail the signed deed to the Clerk of Court/County Recorder in the county where the property is located
- Pay the recording fee (typically $10β$20 for first page, plus $8β$10 per additional page)
- Ask for or request a certified copy of the recorded deed
π‘ Important Considerations
- The Lady Bird Deed is revocable by the grantor during life
- It does not affect homestead rights or property taxes
- It avoids probate but still qualifies as a completed transfer upon death
- It may impact Medicaid estate recovery planning β legal advice recommended
- It is not affected by the granteeβs creditors during the grantorβs life
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Checklist Summary
β Full legal names of owner(s) and beneficiary(ies)
β Accurate legal description from current deed
β Proper deed language with life estate reservation
β Deed signed, notarized, and witnessed
β Deed recorded with county clerk
β Certified copy of recorded deed received
β Accurate legal description from current deed
β Proper deed language with life estate reservation
β Deed signed, notarized, and witnessed
β Deed recorded with county clerk
β Certified copy of recorded deed received