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: $375.00
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
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.
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.
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.
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.
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.
Identifying the number of new owners is crucial to completing your new deed.
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.
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).
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.
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.
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.
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.
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).