Forms and Templates

Forms and Templates
Homepage ➨ Attorney-Approved Deed Document ➨ Attorney-Approved Lady Bird Deed Document ➨ Printable Lady Bird Deed Form for the State of Florida
Content Overview

Guide to Writing Florida Lady Bird Deed

After obtaining the Florida Lady Bird Deed form, you will need to provide specific information to complete it accurately. Follow these steps carefully to ensure all necessary details are included.

  1. Begin by entering the name of the current property owner(s) at the top of the form. This should reflect the names as they appear on the property deed.
  2. Next, provide the address of the property being transferred. Include the street address, city, state, and ZIP code.
  3. Indicate the name of the intended beneficiary or beneficiaries. This is the person or people who will receive the property upon the owner’s passing.
  4. Specify the relationship of the beneficiary to the property owner. This helps clarify the connection between the parties involved.
  5. Include any additional instructions or conditions regarding the transfer, if applicable. This may involve specifying rights or limitations for the beneficiary.
  6. Sign and date the form at the designated area. The signature should be that of the current property owner(s).
  7. Have the form notarized. A notary public must witness the signature to validate the document.
  8. Finally, record the completed and notarized deed with the local county clerk's office. This step is essential to ensure the deed is legally recognized.

PDF Form Specs

Fact Name Description
Definition A Lady Bird Deed, also known as an enhanced life estate deed, allows property owners in Florida to transfer their property to beneficiaries while retaining control during their lifetime.
Governing Law The Florida Lady Bird Deed is governed by Florida Statutes, specifically Section 689.05, which outlines the requirements and implications of such deeds.
Benefits This type of deed helps avoid probate, allowing for a smoother transfer of property upon the owner's death, while also providing flexibility to change beneficiaries if desired.
Limitations While beneficial, a Lady Bird Deed does not protect the property from creditors or Medicaid claims, which can impact the estate's value after the owner's passing.

FAQ

What is a Florida Lady Bird Deed?

A Florida Lady Bird Deed is a legal document that allows property owners to transfer their property to beneficiaries while retaining certain rights. This deed enables the owner to maintain control over the property during their lifetime. It also avoids probate, making the transfer smoother for heirs after the owner's passing.

How does a Lady Bird Deed work?

When a property owner creates a Lady Bird Deed, they retain the right to live in and use the property for as long as they wish. Upon their death, the property automatically transfers to the named beneficiaries without going through probate. This process is beneficial for both the owner and the heirs.

What are the benefits of using a Lady Bird Deed?

  • It avoids probate, which can be time-consuming and costly.
  • The property owner retains full control and use of the property during their lifetime.
  • It can protect the property from creditors after the owner's death.
  • It allows for easy transfer of property to heirs.

Are there any drawbacks to a Lady Bird Deed?

While there are many advantages, there are some potential drawbacks to consider. For instance, if the property owner needs Medicaid assistance, the property may still be counted as an asset. Additionally, if the beneficiaries want to sell the property before the owner's death, they may face complications. Consulting with a legal professional can help clarify these issues.

Who can create a Lady Bird Deed?

Any property owner in Florida can create a Lady Bird Deed. This includes individuals who own real estate outright or have a joint ownership interest. However, it's essential to ensure that the deed is properly drafted and executed to be valid.

Can a Lady Bird Deed be revoked?

Yes, a Lady Bird Deed can be revoked or changed at any time by the property owner. This flexibility allows the owner to adjust their estate plan as needed. To revoke the deed, the owner must create a new document that explicitly cancels the previous deed.

How do I create a Lady Bird Deed?

Creating a Lady Bird Deed typically involves drafting the document and signing it in front of a notary. It is recommended to work with a legal professional to ensure that the deed meets all legal requirements. Once completed, the deed must be recorded with the county clerk's office where the property is located.

Consider Popular Lady Bird Deed Forms for Specific States

What Does a Lady Bird Deed Look Like - This legal tool guarantees that property transfers according to the owner’s wishes.

The Check Register form is a vital tool for tracking all checks written, providing a clear overview of your financial transactions. By maintaining this record, individuals and businesses can ensure better budget management and prevent overdrafts. One helpful resource to consider is the Fillable Blank Check, which can assist you in organizing your check-related information effectively. Ready to take control of your finances? Fill out the form by clicking the button below.

Florida Lady Bird Deed Example

Florida Lady Bird Deed Template

This Lady Bird Deed is created in accordance with Florida law, particularly under Section 703.01 of the Florida Statutes. This document enables the property owner to retain certain rights while transferring ownership upon death without the need for probate.

Grantor Information:

  • Full Name: ________________
  • Address: ________________
  • City, State, Zip: ________________

Grantee Information:

  • Full Name: ________________
  • Address: ________________
  • City, State, Zip: ________________

Property Information:

  • Property Description: ________________
  • Parcel Number: ________________
  • Address of Property: ________________

Statement of Intent:

The Grantor hereby conveys, transfers, and assigns the property described above to the Grantee, effective upon the death of the Grantor, retaining a life estate in the property during the Grantor's lifetime. This deed allows the Grantor to sell, lease, or otherwise manage the property without consent from the Grantee.

Signature Lines:

IN WITNESS WHEREOF, the Grantor has executed this Lady Bird Deed on this ___ day of __________, 20__.

Grantor Signature: __________________________

Print Name: _______________________________

Witness Information:

We, the undersigned witnesses, do hereby declare that we witnessed the execution of this Lady Bird Deed by the Grantor on the date stated above.

Witness Signature: ______________________

Print Name: _____________________________

Witness Signature: ______________________

Print Name: _____________________________

This deed should be recorded in the appropriate county property records to ensure validity and protect the interests of all parties involved.