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CONFUSED SIBLINGS
Guest
0.10 Dollars($)
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 Posted: Wed Apr 04, 2007 6:12 pm Post subject: LADY BIRD DEED |
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Can a POA actually draw up a lady bird deed or is it required to be
done by the actual owners of the property??????? Situation Daughter
was POA of parents...may have drawn up lady bird deed of parents
home to be given to her son. Now daughter is deceased and
siblings are not sure of future of parents home.... If lady bird deed is
done where can they find record of it? Does it have to be recorded? By
the way this is taking place in state of Florida.
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maggy
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0.10 Dollars($)
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| Posted: Wed Apr 04, 2007 6:26 pm Post subject: |
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| Quote: | | If lady bird deed is done where can they find record of it? |
You can check the property records at your county recorder's office, if the deed was recorded you will get all the relevant details from there. |
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ted fronlik
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0.10 Dollars($)
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| Posted: Wed Apr 04, 2007 6:38 pm Post subject: |
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| Quote: | Can a POA actually draw up a lady bird deed or is it required to be
done by the actual owners of the property??????? Situation Daughter
was POA of parents...may have drawn up lady bird deed of parents
home to be given to her son. |
If it was a Durable POA then she had the right to act on behalf of her parents and name their son as the beneficiary to get property after death of parents. |
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Mallinckrodt
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| Posted: Wed Apr 04, 2007 6:44 pm Post subject: |
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| If the deed was not made and you do not find any record of it also, then it will be considered as your parents have died intestate and property will then be divided as per laws of intestate succession. |
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 Samantha
Community Mentor
Joined: 16 Sep 2005
Posts: 1455
Location: MASSACHUSETTS
121.48 Dollars($)
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| Posted: Thu Apr 05, 2007 3:30 am Post subject: RE: Florida ladybird deed |
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Hi Guest,
Under the laws in Florida, the Durable Power of Attorney can be used by the attorney-in-fact (person getting the rights and powers to take financial decisions under the Power of Attorney) whether or not the principal is incapacitated.
Considering the above fact, the daughter can draw up a ladybird deed for her parents' home to be given to their son.
You will be finding a record of the deed at the office of the Register of Deeds or the County Recorder. It is quite usual that such a deed must have been recorded after its execution.
Hope this is going to help...
God bless you.
Samantha |
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jdiazsoto
Joined: 23 Jun 2008
Posts: 2
1.88 Dollars($)
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| Posted: Mon Jun 23, 2008 8:58 am Post subject: lady bird law |
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| My grandmother is applying for medicaid for nursing home purposes. She may or may not stay in the home but she does have a will that gives the home to my mother. Why would she need another document if she stays in the n. home and then when she dies...the home is already willed to my mother? |
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larry
Joined: 27 Jun 2007
Posts: 2942
409.79 Dollars($)
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| Posted: Tue Jun 24, 2008 2:36 am Post subject: |
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Hi jdiazsoto.
Welcome to the forum.
As your grand mother has a will given the property to your mother, without doubt your mother will get the property. But if your grandmother takes the Medicaid facilities, then there will be a lien attached on the property and your mother needs to pay off the lien as she is the heir. But if your mother uses a Ladybird deed then Florida law protects the property from the lien (if you are a resident of the State of Florida). So I should better suggest you to consult with a real estate planning attorney on this regard.
Feel free to ask if you have any further questions.
Best of luck,
Larry |
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