Quitclaim 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 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.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
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.
Differences Compared to a Lady Bird Deed A life estate deed differs from a lady bird deed in key ways. A life estate deed locks in the future owner, meaning the property cannot be sold or changed without the consent of the person holding the remainder interest. In contrast, a lady bird deed is revocable.
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Usually, a life estate overrides a will. That is, if a life estate says one person will get full ownership of a property after the owners death, and the will dictates something else, the life estate generally prevails.

can you file a quit claim deed after someone dies