Basic Methods to Avoid Probate in Florida: Enhanced Life Estate or “Lady Bird” Deeds

A common question presented to our office during Estate planning consultations is how to avoid probate in Florida.  Complicated and high value estates may benefit from the creation of a Trust and the management of assets into a trust to avoid the costs and expenses of a probate administration.

Often the only asset or major asset subject to probate will be a home.  A very simple and cost-effective method to avoid the costs associated with a Florida probate proceeding related to a property is accomplished through the implementation of an Enhanced Life Estate Deed or “Lady Bird” Deed.   The deed is executed by the current owner of the property and provides that the owner will retain the ability to use the property and continue to have unrestricted ownership and upon the death of the owner it will pass automatically to the designated person called the remainder. (more…)

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