Broward Florida Enhanced Life Estate or Lady Bird Deed - Quitclaim - Individual to Five Individuals

State:
Florida
County:
Broward
Control #:
FL-07-82
Format:
Word; 
Rich Text
Instant download

Description

This form is an Enhanced Life Estate Deed where the Grantor is an individual and the Grantees are five individuals. Grantor conveys the property to Grantees subject to a retained enhanced life estate. Further, the Grantor 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.

A Broward Florida Enhanced Life Estate or Lady Bird Deed, also known as a Quitclaim Deed — Individual to Five Individuals, is a legal document used in real estate transactions to transfer property ownership while allowing the granter to retain absolute control and ownership rights during their lifetime. This type of deed grants rights to the named beneficiaries upon the granter's death without the need for probate. The Broward Florida Enhanced Life Estate Deed or Lady Bird Deed offers several advantages over traditional deeds, making it a popular choice for property owners. The primary benefit is the ability to bypass probate, which can be a time-consuming and costly process. A Lady Bird Deed allows the granter to retain full ownership rights and control over the property, including the ability to sell, mortgage, or use the property during their lifetime. In the context of individual to five individuals, the granter can transfer ownership of the property to up to five named individuals while retaining their own rights to use and control the property. This type of deed is commonly used for estate planning purposes, especially when the granter wants to ensure a seamless transfer of property to multiple beneficiaries upon their death. Some other types of Broward Florida Enhanced Life Estate or Lady Bird Deeds include: 1. Enhanced Life Estate Deed — Individual to Spouse: This variation allows the granter to transfer their property solely to their spouse but retain the rights and control over the property until their death. Upon the granter's death, the spouse becomes the sole owner of the property and automatically assumes full control and ownership without the need for probate. 2. Enhanced Life Estate Deed — Individual to Trust: In this case, the granter transfers their property to a trust, with the granter serving as the trustee during their lifetime. The granter retains control over the property and can freely manage it. After the granter's death, the named beneficiaries of the trust inherit the property without probate. In summary, a Broward Florida Enhanced Life Estate or Lady Bird Deed Quitclaimai— - Individual to Five Individuals is a powerful estate planning tool that allows a property owner to transfer their property to five named beneficiaries while retaining control and ownership rights during their lifetime. By utilizing this type of deed, individuals can ensure a smooth and hassle-free transfer of property, avoiding probate and associated expenses.

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FAQ

Disadvantages of a Lady Bird Deed If you plan to apply for a mortgage on the property, some title insurance companies may be reluctant to provide title insurance on property subject to a Lady Bird deed. You want to leave the property to more than one grantee. There is a fairly large mortgage balance on the property.

The Florida lady bird deed (also called an enhanced life estate deed) is not the same thing as a quitclaim deed. However, it is possible for a single deed to be both a lady bird deed and a quitclaim deed.

Lady bird deeds do not result in any documentary stamp taxes when you execute the deed. In Florida, you are required to pay documentary stamp taxes on the transfer of real estate for any consideration, including the amount of any mortgage on the property.

A lady bird deed allows the current property owner to use and control the property during the owner's lifetime, while the property automatically transfers upon death to designated beneficiaries. The lady bird deed is fully legal in the state of Florida.

The most effective way to revoke a Florida lady bird deed is to transfer your property to a third party. It is unclear whether you are allowed to transfer the property back to yourself.

Disadvantages to lady bird deeds in Florida include: Lack of Asset Protection. A creditor of the current owner may place a lien on the property, other than a homestead, conveyed by a lady bird deed. Constitutional Restrictions.Unexpected Deaths.Changes to the Estate Plan.

The Florida enhanced life estate deed allows the estate holder to convey or mortgage the property without approval of the remainderman. This gives the property owner of the life estate flexibility during the owner's life.

The cost to create a Lady Bird Deed is $250 plus recording fees; the cost for other deeds is $250 plus recording fees.

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How can a lady bird deed, or enhanced life estate deed, help you and your family avoid probate in Florida? Learn about Medicaid and issues with these deeds.Enhanced Life Estate Deed. Substitutes to transfer personal property assets at death without the typical probate process. Lady bird deed form nc A life estate deed can be either traditional or enhanced. Free Preview Broward Lady Bird Deed. This form is an Enhanced Life Estate Deed where the Grantor is an individual and the Grantees are four individuals.

Fees. To get a Traditional or Enhanced Lady Bird deed you must pay a 75 fee. To transfer in Florida you pay a 100 fee. The fee for a Traditional, or Traditional enhanced, Lady Bird deed is waived if this form is received at least 25 days before your death, or at least seven days before your death if the Form will not be sent. Learn about probate in Florida. Pursuant to Florida law, this deed form can't be used to transfer any money, or assets. The Lady Bird's name is never signed in this form so never “fill in the name of your child, spouse or guardian as well as the name of your spouse and child,” as is done with a standard probate deed. There are many ways to transfer property or money under any probate process. If you would like instructions on transferring funds through an estate planning attorney, please email Laura at Also, please note that the fee paid for the signature of a child, spouse, or guardian of a deceased person is always at the person, or the estate itself.

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Broward Florida Enhanced Life Estate or Lady Bird Deed - Quitclaim - Individual to Five Individuals