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Can a Lady Bird Deed ensure my inheritance after my mom's boyfriend?

Can a Lady Bird Deed ensure my inheritance after my mom's boyfriend?

Q: Does a ladybird deed have to go through probate?

No, a Lady Bird Deed does not have to go through probate in Florida. Upon the grantor's death, the property automatically transfers to the designated remainderman without the need for probate proceedings. This feature is one of the main advantages of using a Lady Bird Deed, as it simplifies the transfer of property ownership.

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: 04/07/2025
State: West Virginia

Answer:

You can't use a Lady Bird Deed in the way you’re proposing without consulting a local attorney. Typically, in a Lady Bird Deed, your mother (the Grantor) retains an "enhanced life estate," allowing her to sell or manage the property. If she still owns the property at her death, it goes directly to you (the Grantee). In this setup, there’s no role for the boyfriend.

While it's possible to include the boyfriend, it complicates matters. A more straightforward approach is for your mother to create a Lady Bird Deed naming you as the Grantee, while allowing the boyfriend to stay as long as she (and later you) permits. In this case, he would be a "tenant at sufferance," meaning he can stay only as long as you both allow. He wouldn’t have a legal right to remain if he chooses to leave.

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.

FAQs

What are the disadvantages of a ladybird deed in Florida?

One disadvantage of a Lady Bird Deed in Florida is that it may complicate the property transfer process if not structured correctly. If the grantor wishes to change their mind or sell the property, they can do so, but this could lead to disputes with the remainderman. Additionally, if the property value increases significantly, it may affect tax implications for the remainderman. Finally, a Lady Bird Deed does not provide protection against creditors, meaning the property could be subject to claims against the grantor's estate.

What property is exempt from probate in Florida?

In Florida, certain properties are exempt from probate, including assets held in a revocable trust, life insurance policies with designated beneficiaries, and retirement accounts like IRAs. Additionally, properties that pass directly to a surviving spouse or children under the Florida homestead law may also avoid probate. However, it’s important to consult with an attorney to ensure proper planning and compliance with state laws.

Does a ladybird deed avoid probate in Florida?

Yes, a Lady Bird Deed can help avoid probate in Florida. When the grantor passes away, the property automatically transfers to the remainderman without going through the probate process. This can save time and costs associated with probate court. However, the grantor must ensure the deed is properly executed and recorded to ensure its effectiveness.