This form is an Enhanced Life Estate Deed where the Grantors are husband and wife, and the Grantees are two individuals. Grantors convey the property to Grantees subject to a retained enhanced life estate. Further, the Grantors, and each of them, retains for life the right to sell, encumber, mortgage or otherwise impair the interest Grantees might receive in the future with the exception of the right to transfer the property by will. This deed complies with all state statutory laws.
Miami Gardens Florida Enhanced Life Estate or Lady Bird Deed — Husband and Wife to Two Individuals: A Comprehensive Guide In Miami Gardens, Florida, an Enhanced Life Estate or Lady Bird Deed is a legal instrument that allows married couples to transfer their property to two individuals while retaining a life estate for themselves. This unique type of deed provides several advantages, such as avoiding probate, protecting the property from Medicaid liens, and ensuring the property's smooth transfer upon the death of the last spouse. The Enhanced Life Estate Deed, often referred to as the "Lady Bird Deed," can be customized to meet the specific needs and preferences of the granting couple. It is crucial for individuals interested in this type of deed to understand the different variations available. Below are the types of Enhanced Life Estate or Lady Bird Deeds applicable to married couples in Miami Gardens, Florida: 1. Traditional Enhanced Life Estate Deed: This type of deed grants the property owners (Husband and Wife) the right to retain complete control and ownership of the property during their lifetimes. They can sell, mortgage, or modify the property without the consent of the named beneficiaries. Upon the death of both spouses, the property automatically transfers to the two named individuals, without the need for probate. 2. Reserved Life Estate with Power to Sell: This variation of the Enhanced Life Estate Deed allows married couples to retain a life estate with the additional power to sell the property during their lifetimes. Unlike the traditional deed, the couple can exercise their right to sell the property without requiring consent from the named beneficiaries. However, if the property is sold, the proceeds must be used to purchase a new property deemed the couple's homestead. 3. Enhanced Life Estate Deed with Limited Powers: In this type of deed, the property owners (Husband and Wife) retain a life estate with limited powers, specifically related to rental or lease agreements. They can enter into such agreements without the consent of the named beneficiaries. However, the couple cannot sell or mortgage the property without the beneficiaries' consent. 4. Enhanced Life Estate Deed with Specific Conditions: This variant of the Enhanced Life Estate Deed allows the granting couple to impose specific conditions on the named beneficiaries. For example, they may stipulate that the beneficiaries are only entitled to the property if they reside in it as their primary residence or if they maintain the property in a particular condition. These conditions can help ensure that the couple's wishes are respected even after their demise. It is essential to consult with a qualified attorney specializing in real estate law to understand the intricacies of each type of Enhanced Life Estate or Lady Bird Deed available in Miami Gardens, Florida. They can guide married couples in selecting an appropriate deed type that aligns with their objectives and ensures a seamless transfer of property to the named beneficiaries.Miami Gardens Florida Enhanced Life Estate or Lady Bird Deed — Husband and Wife to Two Individuals: A Comprehensive Guide In Miami Gardens, Florida, an Enhanced Life Estate or Lady Bird Deed is a legal instrument that allows married couples to transfer their property to two individuals while retaining a life estate for themselves. This unique type of deed provides several advantages, such as avoiding probate, protecting the property from Medicaid liens, and ensuring the property's smooth transfer upon the death of the last spouse. The Enhanced Life Estate Deed, often referred to as the "Lady Bird Deed," can be customized to meet the specific needs and preferences of the granting couple. It is crucial for individuals interested in this type of deed to understand the different variations available. Below are the types of Enhanced Life Estate or Lady Bird Deeds applicable to married couples in Miami Gardens, Florida: 1. Traditional Enhanced Life Estate Deed: This type of deed grants the property owners (Husband and Wife) the right to retain complete control and ownership of the property during their lifetimes. They can sell, mortgage, or modify the property without the consent of the named beneficiaries. Upon the death of both spouses, the property automatically transfers to the two named individuals, without the need for probate. 2. Reserved Life Estate with Power to Sell: This variation of the Enhanced Life Estate Deed allows married couples to retain a life estate with the additional power to sell the property during their lifetimes. Unlike the traditional deed, the couple can exercise their right to sell the property without requiring consent from the named beneficiaries. However, if the property is sold, the proceeds must be used to purchase a new property deemed the couple's homestead. 3. Enhanced Life Estate Deed with Limited Powers: In this type of deed, the property owners (Husband and Wife) retain a life estate with limited powers, specifically related to rental or lease agreements. They can enter into such agreements without the consent of the named beneficiaries. However, the couple cannot sell or mortgage the property without the beneficiaries' consent. 4. Enhanced Life Estate Deed with Specific Conditions: This variant of the Enhanced Life Estate Deed allows the granting couple to impose specific conditions on the named beneficiaries. For example, they may stipulate that the beneficiaries are only entitled to the property if they reside in it as their primary residence or if they maintain the property in a particular condition. These conditions can help ensure that the couple's wishes are respected even after their demise. It is essential to consult with a qualified attorney specializing in real estate law to understand the intricacies of each type of Enhanced Life Estate or Lady Bird Deed available in Miami Gardens, Florida. They can guide married couples in selecting an appropriate deed type that aligns with their objectives and ensures a seamless transfer of property to the named beneficiaries.