Florida lady bird deed 2025

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  1. Click ‘Get Form’ to open the Florida Lady Bird Deed in the editor.
  2. Begin by entering the Grantor's name and address in the designated fields. Ensure accuracy as this information is crucial for legal purposes.
  3. Next, specify the Grantees' names and addresses. You can add up to four individuals, ensuring that each entry is clear and complete.
  4. Indicate how the Grantees will hold the property by selecting from options such as Tenants in Common, Joint Tenants with Right of Survivorship, or Tenants by the Entirety. This choice affects ownership rights.
  5. Fill in the legal description of the property in Exhibit A. This section should detail the exact location and boundaries of the property being conveyed.
  6. Review all entered information for accuracy before saving your document. Utilize our platform’s features to make any necessary edits easily.

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The main disadvantage of a lady bird deed in Florida is its limited protection against creditors during the owners lifetime. Additionally, title insurance or financing may be more challenging to secure. It also requires careful planning to avoid unintended Medicaid consequences or disputes among beneficiaries.
The lady bird deed results in no gift tax, no documentary stamp tax, and it preserves your step-up in basis to eliminate capital gain tax. However, it does not protect against the estate tax.
A Florida Lady Bird deed, formally known as an Enhanced Life Estate Deed, is designed to allow property owners in Florida to transfer property to others automatically upon their death while maintaining use, control and ownership while alive.
U.S. federal law allows states to claim a persons assets after their death to recover Medicaid costs for long-term care. In states where lady bird deeds are available, the property doesnt count as part of your estate and isnt subject to the Medicaid estate recovery plan, or MERP. Medicaid.gov. Estate Recovery.
There are four (4) major benefits of a lady bird deed in Florida: 1) probate avoidance; 2) preserve homestead benefits; 3) preserve Medicaid eligibility; and 4) step-up in basis at your death.
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Potential Drawbacks of Lady Bird Deeds Medicaid Eligibility Concerns. Limited Flexibility. Risk of Unintended Consequences. Potential for Increased Property Taxes. Title Issues. Limited Asset Protection. Superior Alternatives to Lady Bird Deeds.
No matter who is designated in the will to receive the property, the Lady Bird Deed will take precedence over any devise made in a will.

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