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The ELE deed is designed to enable a grantor to retain title to real property for the duration of the grantor's lifetime and transfer the real property to a named beneficiary upon the grantor's death without the need to go through probate.
As of now, South Carolina law does not permit the use of TOD deeds to transfer ownership of real estate. Instead, other estate planning tools, such as joint tenancy or a living trust, can be used to avoid probate for real estate.
The Florida Enhanced Life Estate Deed Unlike standard-life-estate-deed beneficiaries, the beneficiaries named in an enhanced life estate deed do not get the property immediately upon the deed's execution. Instead, the property is transferred upon the death of the deed's creator.
For starters, lady bird deeds are not recognized in South Carolina. This means that our clients in South Carolina are not able to take advantage of this loophole whereas clients in North Carolina can. ingly, in South Carolina individuals are more likely to have a traditional life estate deed recommended to them.
A grantor of a lady bird deed retains part of the ownership as an enhanced life estate in the property during their lifetime. In other words, a lady bird deed functions as a quit claim deed that only becomes effective after death under Florida law.