Done the ladybird deed, here the details.
 

Thanks to person that had post on this, I wasn’t aware of ladybird deed and we was thinking about doing something to keep property out of probate in case.

Ok done the Ladybird deed (Enhanced Life Estate Deed, ELED) today figured it was better than nothing.

First have to go online find form (Far as I know only place to get it. I called county and they said go on line to get form) ladybird deed or ELED. Download load and print couple copies preferably on one page with notary information on back.

I would NOT fill out you’re personnel information online typing it in cause most cases you won’t be able to print it without fee, but that’s your choice. Hand printed copy just fine signed in blue ink.

To fill in the legal description of property you have to find that on your title along with parcel ID number fill it exactly as written on title.

Once that’s done go get it notarized (notary has no expire date as long as commission number current and has not expired). Course after it recorded it’s good to go. So don’t have rush getting to court house what ever county you live in. At least what said in Marion county?

In my case Marion country, which on corner of US 441 and 40 in down town Ocala. Can park in parking garage for free and county clerks office building right on corner of 441 and 40 on first floor. Not the main building where court held. Follow blue line to right once came out of parking garage on first floor.

If no one in line takes about 15 mins or so cost $22.50 if pay cash, CC will be fee attached which I didn’t ask how much cause I had cash.

For me ladybird prefect, I only have one son and not lot assets. If you are in similar situation this is easy and cheap way keep property out of probate.

Thanks for posting this information. I am considering doing the same thing because my house is my only property subject to probate.
However, I think I will get a quote from a title company before going the DIY route.

Let’s us know what find out?

We are ready to do a ladybird deed. Please let us know what you find out from title company.

Things this important involving this kind of money (home values) should be handled by an expert, preferably a local expert. I would suggest Pittman Law Office. Start with watching some of their free videos on their YouTube Chanel. All it costs you is time and some bandwidth. Be informed, be educated, be smart.

If you already understand and know that you want a labybird deed, I don't think you need an estate attorney. An experienced title company should be able to prepare and record the document for you. As I understand it, they have attorneys on staff and are well prepared to properly execute a new deed for your house. That is what they do every day.

Great job with the enhanced Lady Bird Deed. If you also add your son’s name as POD (Pay On Death) to your bank accounts, he only has to present a certified death certificate to the Bank & they have to release the account to him. A Transfer on Death Deed can be used on investments & stocks. Some states have DMV forms to claim inheritance of any vehicles (often called ‘Affidavit of Intestacy for a Motor Vehicle’). Check for unclaimed property in all states you lived (they usually want a Probate order if your heir is trying to claim a decedent’s amount due.) Also do a short Will naming your son as Executor and sole heir, as a safety net.

McLin Burnsed quoted me $600. DIY is legal and free.

22.50 what Marion county charged to file and certify. I don’t know what other counties charged?

Thanks, but already done that.

A trust is a better way to go. No probate. Speak with an attorney for information and clarification. You don't want problems for your family later on. Don't cheap out, this is way to important.

Why is a trust better? There is no probate with a ladybird deed either and it is way less expensive and less complicated than a trust.

In 2020, a lawyer in Sarasota did the following work for a client.

Preparation and execution of Lady Bird Deed for $250.

Preparation and execution of Last Will and Testament, Separate Writings, Living Will, Health Care Advanced Directive, Durable Power of Attorney, Preneed Guardian and instructions for the Living Will and Health Care Advanced Directive for $300.

Unfortunately, the client did not follow the instructions. So the doctors and the person in charge at the end of life were unaware of all of the important details.

The only thing known, was the Lady Bird Deed. Even the existence of the other documents was not known to the person who needed to know them. The law firm could not even disclose that the work was done to anyone but the client, even though the person with the responsibily was named in the will and all of the other documents! The only reason the law firm was known was the firm name was on the Lady Bird Deed, a public record. Also, the client did not set up the pay on death (dependency distribution instructions) for her bank account.

If you do the legal work yourself, you won't know whether you got it right, unless you get an attorney to check it for you.

Sometimes it is just not right to do it yourself.

Lady Bird Deed using Pittman Law Office
 

I talked with Pittman Law Office a couple of weeks ago. They do not recommend or do Lady Bird Deeds.

I agree. But, personally, I would hire a title company to prepare and record the ladybird deed. The $250 cost sounds reasonable, but the $600 cited in Post No. 8 sounds high to me. It seems to me that a title company would have more experience than an estate attorney at preparing and recording a new deed. Preparing deeds is what they do. But, if you have questions or need advice, an estate attorney may be required. My opinion.

They told me the same thing a few years ago, but they did not provide a good reason for their recommendation. Did they give you a reason?

Absolutely a Trust. Protects your heirs. No hassles.

If your house is your only non-financial asset, and you only have one heir, why do you need a trust? A ladybird deed will allow immediate transfer of ownership to your heir upon your death. All of your financial assets can be set up as POD (payable on death). I don't see why a trust is required.

If you trust your son just put everything in his name now and the deal is done.

Sounds like the person that passed on failed to give copies to the person who she wanted to have the house and bank accounts.

I agree 100%. If you're with Fisher they have attorneys who will advise you for free and they've vetted a local attorney or two who they recommend and that's who we're using. That free hour and a half on the phone will save us a bundle with the attorney. Call your Fisher
rep!

I agree, except that, if the son gets sued, you could lose your house. With a ladybird deed, you maintain full ownership and control of the house, and you don't even need to notify the son that he is named as a beneficiary on the deed. And, you can change the deed anytime you want. Also, won't you lose your homestead exemption?

Aren't you paying Fisher more than one percent of your assets as an AUM (assets under management) fee?

That would be considered a gift if you deed it to him now. Requiring a gift tax return - no tax - just an information return informing the IRS you are using up part of your lifetime exclusion. No step up in basis.

If it passes to him upon death he gets step up basis to market value.

Add to that you don't get Section 121 on gain non-taxability on the first $250,000/$500,000 since you don't own the home if you sell it. He will pay Capital Gains based upon the tax basis of the house since gifts get no step up.

All in all a very bad idea.

Too risky
 

Problem is, if the Son dies/is killed/accident then you have issues.

Absolutely not! Nuances and established case law rulings are why you need matters this important handled by professionals. If your son inherits when you die, not only is there ZERO tax due for the income received, the stepped up basis eliminates capital gains to him.

Putting things in his name while you are alive will cost him A LOT of money when you are gone.

Why? ??? They want paid my guess? Lawyer don’t want something simple, simple don’t run up bill. Ladybird deeds are for use poor folks than don’t have millions were family members will fight over. It’s legal.

Now if someone would post that actually took possession from ladybird deed list problems or no problems then we have facts, not lawyers wanting to get paid for something simple.

Also, if he gets a divorce you'll lose your house.

Tend to agree. With that said, here is Copilot’s answer:

Estate attorneys tend to have mixed views on Ladybird deeds—also known as enhanced life estate deeds—especially in states like Florida where they’re legally recognized. Here’s how their opinions generally break down:

������ Why Some Attorneys Recommend Them

• Avoids Probate: Property passes directly to beneficiaries without court involvement A.
• Retains Control: You can sell, mortgage, or revoke the deed during your lifetime A.
• Medicaid Planning Tool: It can help protect property from Medicaid estate recovery B.
• Cost-Effective: Often cheaper and faster to set up than a revocable trust A.


������ Why Others Advise Caution

• Limited Flexibility: No backup beneficiaries or contingency planning if heirs predecease you C.
• Potential Title Issues: Poorly drafted deeds can complicate future sales or refinancing C.
• Medicaid Risks: If not done correctly, it could affect eligibility or trigger penalties D.
• Creditor Exposure: Beneficiaries may face liens or claims after your death E.


⚖️ The Verdict

Most estate attorneys agree Ladybird deeds can be useful in simple scenarios, especially for transferring a homestead. But for more complex estates—like those involving multiple heirs, special needs planning, or asset protection—they often recommend revocable trusts as a more robust solution C.

I have called a few title companies, and apparently some of them do not prepare the ladybird deed. They have referred me to some real estate attorneys, but I have not yet found a reasonable fee. I will update this post when I get some more definitive information.

Thank you for the update. There are a number of law firms in Florida that do ladybird deeds(online), costing $250 and up. And, there are DIY forms online. I haven't made a choice yet as to which way to go. Again, thanks!

If you want a local attorney, I got a quote from Kathren Linn, PA, 352-330-1263, for $580. It still seems high to me.

I called Mclin Burnsed and they told me that their new name is Campbell. Their price for a ladybird deed is $650 plus the recording fee.

Real Estate Home - Real Estate Deeds and Real Estate Contract Services

This law firm has a $250 flat rate.

If you want to do it yourself, here is the Florida form.

Free Florida Lady Bird Deed Form | PDF

The law firm of Mary Trotter, 352-205-7245, will prepare a ladybird deed for $385 for a single person, including the recording fees. The price is $485 for a couple.

Filing Fee - Sumter
 

Sumter County residents can go to The North Sumter Annex at 8033 E CR 466 accepts Enhanced Life Estate (Lady Bird) Deeds. The $19.20 "Clerk of Court" fee is payable by personal check. The free form in post# 35 is the correct form to use.

A friend use this person and I think she said it was 250.00...i'm going to check it out

Advanced Legal Documents, LLC

We Make Legal Documents Easy!

Jennifer Mieles

Paralegal & Notary

352-361-6476

advancedlegaldocuments@gmail.com

14090 SW 32nd Terrace Rd Ocala, Florida 34473

See Post No. 35. The form is pretty simple and free to print out. Most notaries are also free and easy to find. I wouldn't pay a non-lawyer $250 to fill out the form.

Especially if you got do the leg work at county.