The main disadvantage of a Lady Bird deed in Florida is its limited protection against creditors during the owner's lifetime. Additionally, title insurance or financing may be more challenging to secure. It also requires careful planning to avoid unintended Medicaid consequences or disputes among beneficiaries.
In short, a Lady Bird Deed protects your home from Medicaid Estate Recovery. It does this by separating the ownership of your home into two parts: while you're alive and after your death.
The Notice of Commencement shall be recorded in the office of the Clerk where the real property is located. A certified copy of the Notice of Commencement must be posted on the property. The property owner must sign the Notice of Commencement and no one else may be permitted to sign in his or her stead.
In Florida, the Notice of Commencement Form is very simple. In fact, most counties will provide you with the form you need. Or, of course, you can make the NOC process really easy by just filing the document online.
In Florida, if your construction project costs more than $5,000, you must file a Notice of Commencement before work begins. It has to be signed, notarized, and filed with the county. Skipping this step can lead to legal issues, such as paying for the same work twice.
A Ladybird deed is an enhanced life estate deed. Real estate may be sold, used, mortgaged, or leased utilizing this type of deed without the future beneficiaries' approval. When you use a standard life estate deed, you relinquish complete control over a property even before your death.
The Notice of Commencement shall be recorded in the office of the Clerk where the real property is located. A certified copy of the Notice of Commencement must be posted on the property. The property owner must sign the Notice of Commencement and no one else may be permitted to sign in his or her stead.
Typically, the property owner or GC is responsible for filing or recording this notice. Unlike other construction notices (such as the preliminary notice), the Notice of Commencement is: Recorded: These notices are filed with the county recorder offices in the county where the construction project is located.
The lady bird deed results in no gift tax, no documentary stamp tax, and it preserves your step-up in basis to eliminate capital gain tax. However, it does not protect against the estate tax.
Recorder Offices County Clerk/Comptroller: Recording Dept - Main Courthouse. 205 North Dixie Hwy, Rm 4.25 / PO Box 4177, West Palm Beach, Florida 33401 / 33402-4177. North County Courthouse. 3188 PGA Blvd, Palm Beach Gardens, Florida 33410. South County Courthouse. West County Courthouse. Midwestern Community Service Center.