Found an issue on this page? Let us know and we will look into it as soon as possible.
Transfer property deeded to my son via Lady Bird Deed to a Trust
Anonymous7 views5 answers
I've created and recorded a Lady Bird Deed to transfer a house (non-homestead) to my son, in Florida (he is a minor). How do I revoke this Enhanced Life Estate Deed in order to put the property in a trust? Is it a special revocation form that must be recorded, or, by simply transferring it to a trust it automatically cancels the Lady Bird Deed? Will this cause and issues with the title in the future?
I believe you recently posted this question, in a slightly different form. I understand that you believe doing this on your own will save you money. However, having it done properly is invaluable. I am sure you are very bright and articulate. Which makes me wonder all the more why you would consider doing this without the assistance of an experienced professional. You would not re-wire your home without a licensed electrician. Likewise, retain the services of an attorney--most law firms, like my own, even provide free consultations. Good luck with endeavors in any case.
A deed is all that would be required, although I agree with the other attorneys in that this area of Florida law--homestead and trust with minor children--is fraught with issues. You really need an attorney to look at the whole picture to make sure that there are no title or other issues. There is no way an attorney could say you would have no title issues in this forum. You should seek an attorney and probably save yourself or your heirs a few dollars down the road.
If it is a real lady bird deed, all you need to do is have a new deed prepared to transfer the property to our trust. It sounds like you may have created your own deed previously, I have seen many attempts to create lady bird deeds that do in fact cause title problems. You should have the old deed, chain of title and new deed reviewed or prepared by an attorney who is familar with these issues.
Gregory John NussbickelTrusts AttorneyFort Myers, FL ·
A true enhanced life estate deed would not need to be "revoked", as you would have retained the right to transfer title therein. However, seemingly simple transfers (or attempts at transfer) can be dangerous. Clouds on title, adverse tax implications, creditor protection issues, estate planning problems, etc., can arise very easily.