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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).
When an individual chooses to create a Lady Bird Deed, it provides them an opportunity to keep control of their property during their lifetime before passing the ownership of this property to a person of their choosing upon their death.
Tax Consequences of Ladybird Deeds This can allow the beneficiary to sell the property without incurring income taxes on the sale. The deeds also do not trigger Federal gift taxes. They are not completed gifts for gift tax purposes. The property does remain in the decedent's taxable estate for estate tax purposes.
Assuming the Lady Bird deed remains valid and the life estate holder did not otherwise transfer the property during their lifetime, the property automatically passes to the remainder beneficiaries upon the death of the life estate holder without the need for the property to be administered through the probate court.
When an individual chooses to create a Lady Bird Deed, it provides them an opportunity to keep control of their property during their lifetime before passing the ownership of this property to a person of their choosing upon their death.