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My Florida Deed > Jacksonville Lady Bird Deeds

Jacksonville Lady Bird Deeds

A Jacksonville lady bird deed is unique from most other types of property deeds. Through a lady bird deed, a property owner can retain the use of their property, and maintain total control over it, throughout their lifetime. Upon the property owner’s death, a lady bird deed will then allow the property to immediately and automatically transfer to certain heirs or beneficiaries. People sometimes use a will to transfer property but the problem with that is that wills must pass through the probate court, which is a lengthy and costly process. A Jacksonville lady bird deed lawyer at My Florida Deed can help you avoid the probate process with a Jacksonville lady bird deed.

The Grantor and Grantee in Jacksonville Lady Bird Deeds

Like most deeds, a Jacksonville lady bird deed will determine two important roles – those of the grantor and the grantee. The grantor is the existing owner of the property and the person who will maintain control over the property during their life. The grantee, on the other hand, is the individual the property will be transferred to in the event the grantor passes away. Grantees are also sometimes referred to as the remainderman in lady bird deeds because they will take control over the remainder of the property.

What is a Life Estate Deed?

In a standard life estate deed, the grantor still controls the property throughout their lifetime, and the remainderman will take control over the remaining property upon the grantor’s death. This is what differentiates lady bird deeds from other life estate deeds. Through a lady bird deed, the grantor has full control over the property during their life and can do whatever they want with it, including selling it. This is not possible with other life estate deeds. For this reason, all lady bird deeds contain a life estate provision, but not all life estate deeds are considered lady bird deeds.

What is a Transfer on Death Deed?

Transfer on death deeds, also known as TOD deeds, are also contained within lady bird deeds. A TOD deed will automatically and immediately transfer the property title to the grantee after the grantor’s death. Again, TOD deeds are sometimes used in place of a last will and testament to transfer property to heirs because while a will must go through the probate courts, a TOD deed does not.

In Florida, TOD deeds are not legal on their own, as the state does not recognize the Uniform Real Property Transfer on Death Act. However, a lady bird provision is a very appropriate way to get around this fact and still transfer property after a grantor’s death.

Call Us for Your Help with. Your Lady Bird Deed in Jacksonville Today

If you have property that you would like to transfer to an heir or beneficiary in the future, our attorneys at My Florida Deed can help you avoid the probate process with a Jacksonville lady bird deed. We can provide the form you need, and will ensure the deed is recorded and executed properly so neither you nor your family face any issues. Call us today at 407-205-2906 or contact us online to get the important information you need.

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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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