Life Tenant In Florida
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FAQ
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).
Legally, the state of Florida does not require these deeds to be recorded. However, it is standard practice, and for good reason.
A Life Tenant gets the exclusive use and possession of the Property during his or her lifetime and can also derive rents or profits therefrom. Schneberger v. Schneberger, 979 So. 2d 981 (Fla. 4th DCA 2008).
The life tenant has full control of the property during his or her lifetime and has the legal responsibility to maintain the property as well as the right to use it, rent it out, and make improvements to it.