Fl Estate Deed Individual With Will
Description
How to fill out Florida Enhanced Life Estate Or Lady Bird Deed - Individual To Two Individuals / Husband And Wife?
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FAQ
Florida does not allow real estate to be transferred with transfer-on-death deeds. There is a type of deed available in Florida known as an enhanced life estate deed, or "Lady Bird" deed, that functions like a transfer-on-death deed.
If there is a will, then the only way to transfer the property is by either a summary administration or by a formal probate administration. The difference between these administrations if based on the size of the estate, the nature of the assets in the estate, and how long ago the decedent(s) passed away.
A will sets out the wishes of the decedent, upon his death. The decedent can only transfer property he owns. If the decdent deeds a property before his death, his will would not affect the property after his death. One does not override the other.
You can leverage a summary administration or go through a probate administration, which is governed ing to Florida's intestacy laws. The administration you go through will ultimately depend on factors like the size of the estate, the type of assets, and how far back the decedent passed away.
In Florida, a property owner technically can prepare their own Lady Bird deed (also known as an Enhanced Life Estate Deed).