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A transfer on death deed can be a useful addition to your estate plan, but it may not address other concerns, like minimizing estate tax or creditor protection, for which you need a trust. In addition to a will or trust, you can also transfer property by making someone else a joint owner, or using a life estate deed.
In Florida, a property owner technically can prepare their own Lady Bird deed (also known as an Enhanced Life Estate Deed).
How to Create a Florida Lady Bird Deed A correct legal description of the property. A statement of the consideration is provided if there is any. The name of the grantor. The name(s) of the beneficiary(ies) (if multiple owners are on title, a specification as to how the co-owners will hold title is required).
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
Typically, this involves submitting the following to your state registrar: Death certificate. Notarized affidavit confirming their passing and the new owner's right to the property. Submission of the new deed with it signed and notarized by the new owner.