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Checklist Summary
✔ Full legal names of owner(s) and beneficiary(ies)
✔ Accurate legal description from current deed
✔ Proper deed language with life estate reservation
✔ Deed signed, notarized, and witnessed
✔ Deed recorded with county clerk
✔ Certified copy of recorded deed received
FAQs
What is a Florida Lady Bird Deed?
A Lady Bird Deed allows a property owner to:
  • Transfer property automatically to beneficiaries upon death
  • Avoid probate
  • Retain full control of the property during their lifetime (can sell, refinance, revoke)
  • Remain eligible for Medicaid planning purposes (in most cases)

📝 Eligibility Requirements for Using a Lady Bird Deed
You can use a Lady Bird Deed in Florida if:
  1. The property is located in Florida
  2. You are the sole legal owner (or co-owners agree to transfer interest)
  3. You want to name one or more remainder beneficiaries (grantees)
  4. You want to retain a life estate with enhanced rights
  5. You are not subject to a court restriction or lien that prevents transfer

📄 Information Required to Prepare a Florida Lady Bird Deed
🔹 Grantor (Property Owner) Information
  • Full legal name(s)
  • Mailing address
  • Marital status
  • Signature(s) must match how the name appears on the current deed
🔹 Grantee (Remainder Beneficiary) Information
  • Full legal name(s) of beneficiary or beneficiaries
  • Relationship to grantor (optional, but helpful)
  • Address (recommended for recording and notice purposes)
🔹 Property Information
  • Street address of the property
  • Legal description from current deed (exact wording required)
  • Parcel or tax ID number (optional but helpful)

📄 Required Documents
  • Florida Lady Bird Deed document – properly drafted and notarized
  • Current deed or title for reference (to ensure accuracy of legal description)
  • Self-addressed stamped envelope (if mailing recording documents)
Prepared deed should state that the grantor retains a life estate with full powers, including the right to sell, mortgage, or change beneficiaries.

🖊️ Signing and Execution Requirements
  • Deed must be signed by the grantor(s)
  • Must be notarized
  • Must have two witnesses (in addition to the notary)
  • All signatures must be original (wet ink), no electronic signatures for recording

🏛️ Recording the Deed
  1. Take or mail the signed deed to the Clerk of Court/County Recorder in the county where the property is located
  2. Pay the recording fee (typically $10–$20 for first page, plus $8–$10 per additional page)
  3. Ask for or request a certified copy of the recorded deed

💡 Important Considerations
  • The Lady Bird Deed is revocable by the grantor during life
  • It does not affect homestead rights or property taxes
  • It avoids probate but still qualifies as a completed transfer upon death
  • It may impact Medicaid estate recovery planning – legal advice recommended
  • It is not affected by the grantee’s creditors during the grantor’s life

Checklist Summary
✔ Full legal names of owner(s) and beneficiary(ies)
✔ Accurate legal description from current deed
✔ Proper deed language with life estate reservation
✔ Deed signed, notarized, and witnessed
✔ Deed recorded with county clerk
✔ Certified copy of recorded deed received
© FLFC 2025
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