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Commonly Asked Questions about Enhanced Life Estate Deed

The life tenant cannot sell or mortgage the property without the agreement of the remaindermen. If the property is sold, the proceeds are divided up between the life tenant and the remaindermen.
Its important to fully understand the following risks: Limits on Life Tenants ability to sell or mortgage the property. Removing a Remainderman is difficult. A Remaindermens problems can become your problems. Medicaid Complications. Nursing Home Complications.
The remainderman cannot occupy the property until the death of the life tenant (unless the life tenant gives permission). Once the life tenant passes, the remainderman has full rights of possession, occupancy, and control. Thus, a Life Estate creates a unique type of joint ownership.
What Is an Enhanced Life Estate Deed? The Enhanced Life Estate Deed, or Lady Bird Deed, is a type of deed that transfers property to a grantee while the grantor retains the ability to live on the property during their lifetime.
Nonetheless, life tenants do not have full ownership rights, so they do not have the right to sell or transfer the property without the consent of the future interest the remaindermen.
One of the main benefits of the ladybird or enhanced life estate deed in Florida is that the deed permits the owner of the house to qualify for Medicaid in Florida and avoid probate. Medicaid is extremely hard to be eligible for in this state. The Medicaid applicant must pass a means test and an asset test.