Warranty Deed - Individual to Individual with Reserved Life Estate - Florida 2025

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With a traditional Life Estate Deed, selling the property is not permitted without the remaindermans consent. With a Lady Bird Deed, the life tenant can sell, lease or mortgage the property without the remaindermans consent.
A: A life estate deed is an irrevocable transfer of your property to remainder beneficiaries (remainderman) while reserving the ownership and right of use of the property for your lifetime. This transfer avoids probate upon death while retaining ownership interest for your lifetime.
Definition: Reserved Life Estate. From ConservationTools.org. The ownership of real estate can be divided into present and future interests. This division enables a landowner to convey land to a land trust or government with the owner retaining ownership during the owners lifetime or some other specified period.
Once a life estate has been established, the underlying residence can only be sold if the life estate holder and all other owners agree to the sale. However, prior to any sale, it is important to understand the ramifications for the life estate holders Medicaid eligibility.
The difference is that a life estate deed awards ownership interest in the real estate only for the life of the person awarded the life estate. The warranty deed actually transfers ownership of the real estate to that person and the person may sell the real estate or pass it own to heirs.
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A deed with a reserved life estate is used when you wish to both pass your real property to someone upon your death and also protect the property from nursing-home liens. This document may also make it possible for you to live in and maintain control of the property until your death.

life estate in florida