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The Lady Bird Enhanced Life Estate Deed Template Florida displayed on this page is a reusable official format created by expert attorneys in accordance with federal and state laws.
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This is one of the major differences between a traditional life estate (where consent is required) and an Enhanced Life Estate where the grantor maintains ownership control. Lady Bird Deeds can be signed remotely. In Florida, deeds must be signed before a notary and two witnesses.
A major benefit of using a Lady Bird deed rather than a traditional life estate deed is the retention of authority over the property during the life of the grantor. While a traditional life estate deed allows the grantor to use the property during his life, the grantor loses the option to change his mind.
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.
Disadvantages of Lady Bird Deeds Therefore, a Lady Bird deed cannot be used to create a remainder interest in third parties without the consent and involvement of the life interest holder's spouse and children. (2) Title insurers are often skeptical to insure Lady Bird deeds in certain situations.
Florida Lady Bird deeds are a type of life estate deed. Whereas both types of deeds are typically used for probate avoidance, traditional life estate deeds prohibit the life estate holder from selling, transferring or encumbering the subject property without the explicit consent of the remainder beneficiaries.