Full question:
I am married, however, I own a condo individually which is unencumbered (free and clear). I have a Warranty Deed and title insurance on the property. I would like the condo to pass to her upon my death to avoid the hassle and expense of Probate. My wife and I jointly own our home which is also free and clear therefore, the condo is not my legal Homestead. I would like the option to sell the condo at some point if I decide to. Is an Enhanced Life Estate Deed the best option to accomplish this? I have heard that this deed is available in Florida and offers greatly enhanced benefits over a regular Life Estate deed. What will happen if she passes away before me? If this deed is appropriate for my situation, can I just buy the form that has language specific to Florida law and have it recorded myself? I've seen the form and it looks simple enough to fill in the blanks.
- Category: Real Property
- Date:
- State: Florida
Answer:
An enhanced life estate deed should work for your situation. This type of deed allows you to grant a life estate to yourself while retaining the right to sell the property. Upon your death, the property will pass to your wife without going through probate.
However, if your wife dies before you, you can cancel the life estate. If you do not cancel it or sell the property, it will go to your wife's heirs upon your death.
To proceed, you will need to file the new deed with the land records office where your current deed is filed. You can find forms specific to Florida law, and if you feel comfortable, you can fill them out and record them yourself. Users can search for state-specific legal templates at .
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.