Florida enhanced life estate deed 2025

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  1. Click ‘Get Form’ to open the Florida Enhanced Life Estate Deed in the editor.
  2. Begin by entering the Grantors' names and addresses in the designated fields. Ensure accuracy as this information is crucial for legal purposes.
  3. Next, specify how the Grantees will hold the property. Choose from options like Tenants in Common, Joint Tenants with Right of Survivorship, or Tenants by the Entirety based on your situation.
  4. Fill in the legal description of the property in Exhibit A. This should include detailed information about the location and boundaries of the property being conveyed.
  5. Complete any reservations and limitations to conveyance as necessary, ensuring that all terms are clearly stated to avoid future disputes.
  6. Finally, have all parties sign and date the document in front of a notary public to ensure its validity.

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The life estate avoids probate because the real estate goes directly to the children upon the death of the life tenant. The life estate can also protect the home from a Medicaid lien upon death, although there is a five-year transfer penalty period imposed for nursing home-level Medicaid.
Unlike traditional life estate deeds, enhanced life estate deeds allow for the owner to sell, mortgage, or otherwise manage the property without gaining the consent of the future beneficiaries, offering both flexibility and protection.
A Florida Enhanced Life Estate Deed can help avoid probate, speed up the transfer of a property upon death, maintain the ability to use the fair market value of the property at the time of death as a cost basis (lowers income taxes upon sale), and maintain Medicaid eligibility.
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