Florida Warranty Deed for Parent to Child Reserving Life Estates to Parent

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Who owns the property in a life estate in Florida?

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.

What is a warranty deed with life estate reservation?

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.

How does a life estate deed work in Florida?

The life tenant, typically the person creating the life estate deed, retains the right to occupy and use the property until their death. After the life tenants passing, the property automatically passes to the remainderman, the person or persons designated to receive the property, bypassing the probate process.

What are the disadvantages of a life estate deed?

There are many benefits to creating a life estate deed, sometimes called a life estate trust: Avoid probate. Mom gets to pass her property to Son without its having to go through probate. No will necessary. Mom doesnt have to include the property in a will. Emotional relief. Avoid gift tax. A place to live.

Does a warranty deed prove ownership in Florida?

A warranty deed does not actually prove ownership of a property. The best way to establish ownership is through a title search, which examines public records to determine if any liens, third-party claims, or other issues could affect ownership.