Tag: Avoiding Probate

Florida Lady Bird Deeds
Estate Planning, Property Deeds, Rules by State

Florida Lady Bird Deeds

Lady Bird Deeds in Florida: Benefits, Requirements, and Key Considerations

In Florida, Lady Bird Deeds—also known as Enhanced Life Estate Deeds—offer a practical way to pass real estate to loved ones without going through probate. This can save money, time, and hassle for your loved ones when one passes away. These deeds are not explicitly named in the Florida Statutes, but they are recognized and enforceable under Florida’s common law principles and real estate practices.

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Lady Bird Deed Disadvantages
Estate Planning, Property Deeds

What are the disadvantages of Lady Bird Deeds?

While Lady Bird Deeds offer many benefits—like avoiding probate and keeping control of your property during your lifetime—they may not be the right choice for everyone. Depending on your goals, a will or other estate planning tools might be more suitable.

Lady Bird Deed Disadvantages

Here are some potential disadvantages and dangers of using a Lady Bird Deed:

1. Limited to Real Estate

A Lady Bird Deed only applies to real property—like your home or land. If you want to transfer other assets (bank accounts, personal belongings, vehicles, etc.), you’ll still need a will or trust. (Albeit, in some states you may be able to transfer vehicles through a Lady Bird Trust as well.)

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Lady Bird Deed vs. Will
Estate Planning, Property Deeds

Does a Lady Bird Deed override a will?

Yes, a Lady Bird Deed can override a will—at least when it comes to the specific property that is named in the deed.

Lady Bird Deed vs. Last Will

A Lady Bird Deed, also known as an enhanced life estate deed or transfer on death deed, allows a property owner to name a beneficiary who will automatically inherit the property upon the owner’s death. This transfer happens outside of probate, which means it bypasses anything written in a will.

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How Lady Bird Deeds Work
Estate Planning, Property Deeds

How does a Lady Bird Deed work?

A Lady Bird Deed, also known as an enhanced life estate deed or transfer on death (TOD) deed, is a special legal document that allows you to name someone who will inherit your real estate—but only after you pass away.

How Lady Bird Deeds Work.

Retain Full Control of Your Property During Your Lifetime

One of the biggest advantages of a Lady Bird Deed is that it does not affect your ownership rights during your lifetime. You still hold full control over your property. That means you can:

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