Full question:
My mom owns property in Fla. She wants her boyfriend to be able to stay on property after she dies as long as he wants. The she wants the property to go to me. If we use a Ladybird Deed would my mom be the grantor, the boyfriend be the grantee, and myself the remainderman? Does this insure that i will eventually recieve the property upon boyfriends death or if he diecides to leave. She also wants to use this form for the medicaid reasons. Is this the right form?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: West Virginia
Answer:
You can't use a lady bird deed like you are proposing to use it, at least not without using a local attorney to work through the complexities.
Ordinarily, using a lady bird deed, the Grantor (your mother) would retain an "enhanced life estate" with all rights to sell, mortgage, and otherwise deal with the property. If the Grantor is still titled with the property at the time of her death, the property then goes to the Grantee (you). In this scenario there is no place for the boyfriend.
It isn't impossible to work the boyfriend into this scenario, but you need to see a local attorney. In addition it is even more irregular to create a situation where the boyfriend is REQUIRED to dwell on the property if he wants to retain rights to the property (as you imply when you say "if he decides to leave").
You and your mother should at least consider using a lady bird deed between the two of you (she as the Grantor, you as the Grantee - as described above), with the boyfriend simply allowed to stay there as long as your mother (and then you, after your mother's death) permit. He would be considered a "tenant at sufferance" - as long as your mother (then you) "suffer/permit" him to stay there, he can stay. He would never have a "right" to stay.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
