Florida Lady Bird Deed to avoid probate

[Finnman]

Has anyone had any experience utilizing the Florida Lady Bird Deed (called an enhanced life estate deed in Florida) This deed allows property to pass automatically to one or more designated recipients at death, without the need for probate. Your thoughts will be greatly appreciated.

[pattybgood]

I recently attended a couple of seminars with local attorneys and It is my understanding that this action gives your heirs a say in what you do with the property during your life. You can no longer sell the property without their consent. I recommend that you speak with an elder law attorney before taking this action.

[NECHFalcon68]

I recently attended a couple of seminars with local attorneys and It is my understanding that this action gives your heirs a say in what you do with the property during your life. You can no longer sell the property without their consent. I recommend that you speak with an elder law attorney before taking this action.

We had a local attorney draw up a Lady Bird deed and it specifically says that the heir/3rd owner has no rights while we are alive...you may be referring to a Power of Attorney which if not worded properly gives someone power immediately...

[Villager Joyce]

Hire a real estate attorney.

[redwitch]

Hire a real estate attorney.

Think a probate attorney might be a better choice even if this pertains to real estate only. (Not sure if just real property or anything else since I haven't looked up the law on this.)

[KittyKat]

We had a local attorney draw up a Lady Bird deed and it specifically says that the heir/3rd owner has no rights while we are alive...you may be referring to a Power of Attorney which if not worded properly gives someone power immediately...

You are correct. I live with my elderly mother; the house is her only asset. My sister and I are on the deed. When Mom passes we can sell the house immediately. Our attorney is board-certified in Elder Law.

[klough53]

A trust will not go through probate in NY, Florida ????

[Finnman]

Thanks for your thoughts on this item. I belive the Lady Bird Deed is intended for the transfer of your house only to someone upon you and your spouses death without the recepient having to pay taxes. I asked a local elder law attorney if they handled this type of deed but they do not. I have a feeling that there is not very much money in it for them since this type of deed can be drawn up without an attorney (i think).

[Fred R]

We have this is Ohio. It's called a TOD deed and it keeps the property out of probate
Transfer on Death

[Cathy H]

A trust will not go through probate in NY, Florida ????

Correct. A properly written trust that was filed with a florida county gives the trustee full authority and no 2 year probate delay will happen.

[rubicon]

Never ever would I seek a legal opinion on a blog. Legal opinions should be sought with attorneys. In this case perhaps an attorney specializing in elderly care issues.

[Villager Joyce]

Never ever would I seek a legal opinion on a blog. Legal opinions should be sought with attorneys. In this case perhaps an attorney specializing in elderly care issues.

I made this suggestion once about a medical question (obviously to see a doctor not a lawyer). Wow. Unbelievably rude answers. Sit down now while you can :22yikes:

[NECHFalcon68]

Never ever would I seek a legal opinion on a blog. Legal opinions should be sought with attorneys. In this case perhaps an attorney specializing in elderly care issues.

I believe the OP was trying to hear of others' experiences, not seeking a legal opinion....

[rubicon]

I believe the OP was trying to hear of others' experiences, not seeking a legal opinion....

NECHFalcon68: I have been on this blog long enough to know how trying to hear of other's experiences translates into one's legal opinion. so it worked for me translate into a legal opinion because it worked

Whether its opinion on a legal issue, medical issue and other such professional opinions best to seek professional advice from the professional

[Finnman]

I was asking for comments and/or experiences....not for legal opinion. Thanks to those who took time to read the querry and respond accordingly.

[theorem painter]

We did a Lady Bird because we were New York residents and the house was in my name only. If I died first all my husband had to do would present my death certificate and the house would be in his name. When he died the house would go to the 3rd person named in the Lady Bird. No probate, no attorneys.

[Nucky]

I was asking for comments and/or experiences....not for legal opinion. Thanks to those who took time to read the querry and respond accordingly.

I understood what you were looking for clearly. To discuss a free sharing a give and take of ideas...I think that's what this is all about. I've taken several shots over the last year about my opinion. I am quoting you."Your thoughts will be greatly appreciated". Thoughts are for discussion not legal advice. Your on the beam. Some others are just heavy handed with their comments your good for sure.