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The main drawback to the Life Estate Deed is that once it is executed, you only have the right to live on the property: you cannot mortgage, lease, rent, or sell the property unless you obtain the consent of the remaindermen (i.e., the future interest holder).
In Florida, a property owner technically can prepare their own Lady Bird deed (also known as an Enhanced Life Estate Deed).
The Florida Enhanced Life Estate Deed Unlike standard-life-estate-deed beneficiaries, the beneficiaries named in an enhanced life estate deed do not get the property immediately upon the deed's execution. Instead, the property is transferred upon the death of the deed's creator.
The person holding the life estate ? the life tenant ? possesses the property during his or her life. The other owner ? the remainderman ? has a current ownership interest but cannot take possession until the death of the life estate holder.
Disadvantages of a lady bird deed Available in only five states. Lady bird deeds are currently used only in Florida, Texas, Michigan, Vermont and West Virginia. ... Property taxes may be higher for the beneficiary. States may increase the taxable value of a property when it transfers to your beneficiary when you die.