This form is an Enhanced Life Estate Deed where the Grantors are two individuals or husband and wife and the Grantee is an individual. Grantors convey the property to Grantee subject to a retained enhanced life estate. Further, the Grantors retain for life the right to sell, encumber, mortgage or otherwise impair the interest Grantee might receive in the future with the exception of the right to transfer the property by will. This deed complies with all state statutory laws.
Fl Enhanced Life With 5
State:
Florida
Control #:
FL-03-83
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Florida Enhanced Life Estate Or Lady Bird Deed - Two Individual / Husband And Wife To Individual?
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FAQ
Q: What is an ?Enhanced? Life Estate deed? A. This type of deed that transfers property to a grantee while the grantor (you) retains the ability to live on said property for the rest of his or her life.
The difference in a life estate deed versus the enhanced life estate deed (aka Lady Bird Deed) is that unlike a regular life estate deed, with an enhanced life estate deed you retain the ability to sell or mortgage your interests in the property during your lifetime.
Lady bird deeds have no impact on your taxable estate, meaning you can get the full step-up in basis at death. Simply put, if you use a lady bird deed, all capital gains on the deeded property are eliminated on the day you die.
In Florida, a property owner technically can prepare their own Lady Bird deed (also known as an Enhanced Life Estate Deed).
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.