Florida lady bird deed - Can POA draw up the deed?

Guest

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.

Guest

Guest

Guest

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.

Samantha · Posted: Thu Apr 05, 2007 3:30 am Post subject: RE: Florida ladybird deed

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

jdiazsoto · Joined: 23 Jun 2008 Posts: 2 2.12 Dollars($)

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?

larry · Joined: 27 Jun 2007 Posts: 3328 474.61 Dollars($)

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

Guest

My mother is having trouble understanding the concept of the Ladybird. She has a Will leaving me everything, I am her only child (Dad is deceased) but she is still hesitant. I would like her to do the Ladybird, for the "step up in basis" tax benefit. From what I read, I could actually complete this document myself, as I have the POA. Is this correct?

Guest

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
is POA of living but incapacitated parent.

Guest

Please tell me the process of obtaining LadyBird deed form, where to file, cost, and anything to create and record to avoid probate. Thanks.

jenkin7 · Posted: Fri Jun 12, 2009 1:23 am Post subject:

Hi Jocelyn,

If the actual owners are incapacitated, the power of attorney can sign the lady bird deed. But much depends on the POA agreement which defines the rights and powers the POA can exercise on behalf of the actual owners. The daughter can sign the lady bird deed, only if she is given this right in the POA agreement.

Hi David,

A lady bird deed can surely help you avoid probate. You need to consult an attorney and have a lady bird deed drawn up by him. The ready-to-use lady bird deed forms available online might not fit your situation. You need to notarize the deed and file it with the county clerk's office. They charge you certain fees and charges which vary from one county to another.

Guest

as poa can i add myself to the deed. the house is paid off/

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