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To create a valid lady bird deed in Florida, several requirements must be met. The deed must clearly identify the property, include the grantor's and grantee's names, and contain the effective language outlining the transfer upon death. Additionally, it should be properly executed and recorded in the county where the property is located. Utilizing a platform like US Legal Forms can simplify this process by providing templates and legal support.
A Lady Bird Deed is a transfer of property to another with a reservation of a life estate. Meaning a person can transfer property and retain ownership in that property until death, at which point it will then transfer to the other.
In order for a Transfer on Death Deed to be valid, it must be signed, notarized, and recorded in the property records of the county where the property is located. In contrast, a Lady Bird Deed does not have a recording requirement. All that is required for a deed to be valid in Texas is delivery to the Grantee.
A Lady Bird Deed is most beneficial for simple estates with simple property ownership and is a viable choice to transfer property in Florida while avoiding probate. There are many financial and tax-related benefits to a Lady Bird Deed. There are no tax consequences, and it avoids the Federal Gift Tax.
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.
Like a Lady Bird Deed, a trust avoids probate. Unlike a Lady Bird Deed, however, the assets that can be in a trust are more than just the family home. So, for those who have extensive assets or want to protect more than just the family home, a trust can be a good estate planning tool to use.