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Estate planning in Florida often involves strategies to ensure your property transfers smoothly to your beneficiaries while avoiding probate. One popular tool in Florida estate planning is the Lady Bird Deed, also known as an enhanced life estate deed. But does this type of deed need to be filed with the county? The short answer is absolutely. Here’s why recording your Lady Bird Deed is crucial and how an experienced Florida estate planning attorney can help.
What Is a Lady Bird Deed?
A Lady Bird Deed allows you, the property owner, to retain full control of your property during your lifetime while designating a beneficiary to inherit it upon your passing. This arrangement ensures:
Avoidance of Probate: The property automatically transfers to the beneficiary without the need for court intervention.
Flexibility: You retain the right to sell, mortgage, or change the beneficiary without the beneficiary’s consent.
However, to fully leverage the benefits of this powerful estate planning tool, recording the deed is essential.
Why Filing Your Lady Bird Deed with the County Matters
1. Prevent Title Disputes
Recording your Lady Bird Deed with your county’s property appraiser ensures the public knows the current ownership and beneficiary designation. Without this step, questions about ownership can arise, leading to potential disputes—especially when someone passes away.
2. Avoid Probate Issues
If the deed is not recorded, there’s a risk that the property could still be subject to probate. A recorded deed acts as proof of your intent to transfer the property to your beneficiary, helping to streamline the process after your death.
3. Protect Against Competing Claims
An unrecorded deed doesn’t provide clear evidence of ownership or beneficiary designation, potentially opening the door to competing claims on the property. Recording the deed establishes its validity and protects your wishes.
Why You Need an Estate Planning Attorney
Drafting and filing a Lady Bird Deed requires precision. An experienced Florida estate planning lawyer ensures the deed is properly executed and recorded so your estate plan functions as intended.
What Happens if Your Attorney Doesn’t Record the Deed?
AtCause Law Office makes it standard practice to record deeds as part of the estate planning process. If your attorney does not offer this service, it could be a red flag, as this step is crucial to prevent future complications.
How atCause Law Office Can Help
Lady Bird Deeds are just one tool in a comprehensive Florida estate plan. Whether you need assistance drafting and filing a Lady Bird Deed, creating a trust, or developing a strategy to avoid probate, we’re here to guide you. Our non-stuffy, approachable team in Clearwater, Florida, is committed to helping you protect your assets and your legacy.
Contact Us Today
Ready to safeguard your estate and avoid probate headaches? Call atCause Law Office at 727-477-2255 to schedule a consultation with a knowledgeable Florida estate planning attorney. We provide peace of mind and practical solutions for your estate planning needs.
The content provided on this blog is for informational purposes only. It is not intended to be, nor should it be construed as legal advice. While we strive to ensure the accuracy and reliability of the information presented, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability concerning the blog or the information, products, services, or related graphics contained on the blog for any purpose. Therefore, any reliance on such information is strictly at your own risk.
We strongly recommend you consult an attorney for specific legal advice tailored to your circumstances.
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