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In Florida, a property owner technically can prepare their own Lady Bird deed (also known as an Enhanced Life Estate Deed).
A Florida Lady Bird Deed allows you to avoid probate court In the case of lady bird deed, when you pass away you interest extinguishes and the beneficiaries you listed under the deed will inherit the property outside of probate code.
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.
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).
In Florida, inheriting property through a Lady Bird Deed generally does not trigger any income tax liabilities for the beneficiaries. This is because inherited property is not considered taxable income at the federal level.