What is a Florida Lady Bird Deed?
A Florida Lady Bird Deed is a legal document that allows a property owner to transfer their property to a beneficiary while retaining the right to live in and control the property during their lifetime. This type of deed provides a way to avoid probate and can help with Medicaid planning.
How does a Lady Bird Deed work?
With a Lady Bird Deed, the property owner (grantor) retains full control over the property. They can sell, mortgage, or change the beneficiary at any time. Upon the grantor's death, the property automatically transfers to the named beneficiary without going through probate.
What are the benefits of using a Lady Bird Deed?
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Avoids probate, allowing for a quicker transfer of property.
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Retains control over the property during the grantor's lifetime.
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Can help protect the property from Medicaid claims after the grantor's death.
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Allows for changes to the beneficiary without needing a new deed.
Who can be named as a beneficiary in a Lady Bird Deed?
Beneficiaries can be individuals, such as family members or friends, or entities, such as trusts or organizations. It is important to choose a trustworthy beneficiary, as they will receive the property upon the grantor's death.
Can a Lady Bird Deed be revoked or changed?
Yes, a Lady Bird Deed can be revoked or changed at any time by the grantor. To do this, the grantor must execute a new deed that clearly states the revocation or changes the beneficiary. This flexibility is one of the key advantages of the Lady Bird Deed.
Is a Lady Bird Deed the same as a regular quitclaim deed?
No, a Lady Bird Deed is not the same as a quitclaim deed. While both transfer property, a quitclaim deed relinquishes all rights to the property without retaining any control. In contrast, a Lady Bird Deed allows the grantor to maintain control over the property during their lifetime.
Are there any tax implications with a Lady Bird Deed?
Generally, a Lady Bird Deed does not trigger gift taxes at the time of transfer. The property retains its original tax basis, which can be beneficial for capital gains tax purposes. However, it is advisable to consult a tax professional for specific advice related to individual circumstances.
How do I create a Florida Lady Bird Deed?
To create a Florida Lady Bird Deed, you will need to draft the deed, including the legal description of the property, the grantor's and beneficiary's names, and the retention of rights language. It must then be signed by the grantor in front of a notary public and recorded with the county clerk's office where the property is located.