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Lady Bird Deed
My Florida Deed > Florida Lady Bird Deeds

Florida Lady Bird Deeds

A Florida lady bird deed is a unique type of property deed. These deeds allow real property owners to control and retain use of their property during their lifetime, and then transfer the property to certain beneficiaries upon their death. Although property owners can do this through the probate courts, a lady bird deed allows heirs to avoid the probate process, which is often lengthy and costly. Our Florida lady bird deed lawyer can assist.

Flat Fee: $175.00

Important Roles in a Florida Lady Bird Deed

Lady bird deeds outline two important roles – the grantor and the grantee. The grantor is the owner of the real property and the person who will use and control it during their lifetime. The grantee is the beneficiary who will inherit and take control of the property upon the grantor’s death. Grantees are known as the remainderman because they are the owner of the remainder.

Life Estate Deeds

With a typical life estate deed, the owner of the property retains control of it during their life. The remainderman will own the property upon the death of the life estate holder. Without a lady bird deed, the current owner of the property could not sell the property. With lady bird deed provisions, the remainderman does not have to agree to the transaction before a sale can take place. It is important to distinguish that while all lady bird deeds will create a life estate deed, not all life estate deeds will create a lady bird deed.

Transfer on Death Deeds

The other type of deed contained within a lady bird deed are transfer on death deeds, or TOD deeds. These deeds stipulate that the property title is immediately and automatically transferred to the designated individual upon the current owner’s death. TOD deeds are sometimes used in place of last will and testament because unlike wills, transfer on death deeds within a lady bird deed will allow the new owner to avoid probate before taking control of the property.

Florida is one of a few states that do not recognize the Uniform Real Property Transfer on Death Act, meaning these deeds are not available on their own. However, a lady bird deed can include this provision, giving property owners and their beneficiaries another option.

Difference Between Lady Bird Deeds and Quitclaim Deeds

Many people mistake lady bird deeds and quit claim deeds for each other, but the two are different. A lady bird deed allows property owners to use their property during their lifetime before transferring ownership to an heir. Quitclaim deeds, on the other hand, typically transfer all title and ownership rights to the grantee right away.

Get Your Lady Bird Deed in Florida Today

Lady bird deeds are a great way to enjoy your property during your life, and allow your heirs to take over ownership without having to first go through the lengthy probate process. If you want to protect the future of your family, call our Florida Lady Bird Deed lawyer today at 407-205-2906 or fill out our online form to purchase your Florida lady bird deed and get the peace of mind you need.

Please answer all questions in the form below

Your
Information
Property
Information
Please select the county where the property is located. This is very important for us to properly draft your deed. If you have it, please enter the property address, street number, street name and city, state and zip code.
Current
Owner
If you are uncertain, enter “1” and provide the name of at least one current owner, or upload a copy of the current deed (below), if available. Lastly, you can provide the property address and we can research the information for you. However, the more information you provide, the quicker we can provide your new deed.
Input the name of the current owner as his, her or (if a business) its name appears on the
prior deed or public record. An attorney will review this information for accuracy, but the
more information you can provide, the quicker your new deed can be prepared.
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Why is this important?

Under Florida law, a spouse who is not a Current Owner may be required to sign the deed if the property was ever a primary residence of a Current Owner.

It’s important to know if any of the Current Owners ever occupied the property as their
primary residence. Why is this important?
Remaindermen
It is extremely important to enter the full legal name of the person or corporate entity that will be the new owner. Middle initials are fine. Enter only the first new owner’s name in this field if there will be more than one new owner.

Percentage of Ownership
By default each new tenant-in common owner will have equal ownership interests. Two new
tenant-in common owners will have 50% ownership each , three new tenant-in-common owners will
have 33.3% ownership each and four new tenant-in-common owners will have 25% ownership each.
If you need to alter the ownership interests to make them disproportionate, please contact us for
further consultation.

Please review the information you have provided.

Further down this page you will have the option to edit the information or proceed to payment.

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Real estate deeds are recorded in the county where the property is located. It is extremely important to provide the county where the property is located, otherwise your deed will be legally void and completely ineffective. Some cities in Florida are located in more than one county, which can cause confusion. If you are not sure what county the subject property is located in, select “I’m not sure” on the pull-down menu and we will research the matter for you.

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While it is not absolutely necessary for preparing your deed, knowing the physical address can help us properly locate and identify the property. If you don’t know the street address, you can leave this field blank.

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It is helpful if you can upload a deed which was previously recorded for the subject property. If you don’t have a prior deed, don’t worry. We will locate one in public records.

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This is important to know because all of the current owners (and sometimes their spouse) need to sign your new deed in the presence of two witnesses and a notary in order for you deed to be legally valid.

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Because Florida homestead laws give ownership rights to spouses who are not on title of homestead property (primary residences), the spouse of an owner who is not on title will be required to execute the deed as well as the spouse who is a current owner.

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Identifying the number of new owners is crucial to completing your new deed.

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We need to know who the current owners are because we have to determine their marital status for purposes of preparing your new deed. If you don’t know this information, we can search public records to find it.

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The marital status of each owner is important, because in some circumstances the spouse of an owner will be required to execute the deed even though he or she is not an owner of record on the subject property. Florida homestead laws give ownership rights to spouses who are not on title of homestead property (primary residences).

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This is probably the most crucial information that our firm has no way of obtaining other than through information you provide. It is very important to provide the full legal name of each new owner of the property.

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The marital status of the new owners is also crucial to properly preparing your new deed, especially if the property will be the primary residence (homestead) of any of the new owners.

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Tenancy in Common – TIC Tenancy in common (TIC) is an arrangement where two or more people share ownership rights in a property or parcel of land. When a tenant in common dies, the property passes to that tenant's estate. Each independent owner may possess and control the property. The co-tenants may have a different share of ownership interests. For example, Mike and Sally may each own 25% of a property, while Ed owns the remaining 50%. While the percentage owned varies, no individual may claim ownership to any specific part of the property, only an unspecified percentage.

Joint Tenants with Right of Survivorship – JTWROS A joint tenancy or joint tenancy with right of survivorship (JTWROS) is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, without probate. The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate. Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property.

Tenants by the Entirety - TBE Like a Joint Tenancy with Rights of Survivorship, the tenancy by the entirety (TBE) also encompasses a right of survivorship, however this form of ownership is only available in Florida to married couples. With properties that are owned as TBE, if one spouse dies, the entire interest passes to the surviving spouse without going through probate.

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The date that the deed is signed by the current owners (Grantors) is the legally operative date of the deed. Under Florida law a deed does not need to be recorded in public record to be valid, however it is crucial to record the deed to put “the World” on notice of the transfer. If a subsequent party records an interest in real property in reliance on recorded documents in the public record, the new owners’ interest in the subject property could be adversely affected by a failure to timely record the new deed once it has been properly executed.

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Please explain the issue with the deed that needs to be corrected with specificity. Give us as much information as you can about why the deed needs to be corrected, including the legal names of intended grantors or grantees, or why the legal description is incorrect (if applicable).

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Remainderman info

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WARRANTY DEED

A Warranty Deed conveys property from the old owner (Grantor) to the new owner (Grantee) together with a guarantee that the Grantor has legal right, title, and interest in the property being conveyed and is authorized to do so. The warranty being given by the Grantor assures the Grantee that no one else has a valid ownership claim in the property. Essentially, it is the Grantor promising the Grantee that the Grantor is the only rightful owner of the property, and as such, the Grantor has the full authority to convey the property. This type of deed further provides a promise from the Grantor to the Grantee that the Grantor will defend against anyone who might come forward at any time in the future and try to make a claim that they had an interest in the property at the time of the conveyance to the Grantee.

This type of deed is generally used when consideration is being paid for the sale of the property between two unrelated parties.

Flat Fee: $175.00

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*Does not include Documentary Stamps, if required by the State of Florida

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Quit claim Deed

A Quit Claim Deed conveys any interest that the old owner (Grantor) may have in the property to the new owner (Grantee). Although this type of deed does successfully convey any interest the Grantor may have, it does not provide a warranty, or guarantee, to the Grantee that the Grantor had the legal right, title, and interest in the property to convey it. That is not necessarily to say that the Grantor does not have the legal right, title, and interest in the property being conveyed. It just relieves the Grantor from binding himself to a promise made to the Grantee regarding the property interest being conveyed.

This type of deed is generally used for the conveyance of property between related parties or when no consideration is being paid, such as for a gift or estate planning purposes. This type of deed is also commonly used for property transfers made in connection with a divorce.

Flat Fee: $175.00

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LADY BIRD Deed

A Lady Bird Deed is a unique form of deed created by statute in the State of Florida, and a powerful tool to avoid probate. With the Florida lady bird deed, you give yourself a life estate interest in your property and appoint remaindermen to become owners immediately upon your death. A life estate is a right to live in the property until your death. Remaindermen are like beneficiaries of your estate, who have a future ownership interest. What makes Florida lady bird deeds so valuable is that you retain full interest in the real property. As the life tenant you reserve for yourself the right to sell, encumber, and otherwise do as you please with the real estate during your lifetime, and without and knowledge or consent of the remaindermen. You may also change the remaindermen at any point in time or even revert the whole interest back to yourself.

Flat Fee: $175.00

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CORRECTIVE Deed

A Corrective Deed can be executed and recorded to fix any errors in the original deed, including those that are otherwise fatal to the validity of the prior deed, such as an improper legal description. If the original deed contains significant errors, a new deed must be executed. A corrective deed is required when a grantor transfers property he or she once owned but does not any longer, errors that exceed simple typos in significance exist in the deed, or the deed lacks sufficient witness(es) or a notary acknowledgment. Invalid deeds can be rendered valid again if a Corrective Deed is made a matter of public record. Doing so clarifies the intent of the original deed.

Flat Fee: $175.00

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