Life Estate Deeds in Florida

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Life Estate Deeds in St. Augustine, FL

Protect your home, avoid probate, and maintain control during your lifetime. Our St. Augustine attorneys draft and record Florida Life Estate Deeds tailored to your goals.

What Is a Life Estate Deed?

A Life Estate Deed is a legal document that allows a property owner—known as the life tenant—to retain use and ownership of their home for the rest of their life, while designating one or more remainder beneficiaries who automatically inherit the property upon the life tenant’s death. This transfer happens without probate.

Benefits of a Florida Life Estate Deed

  • Avoids probate for the property
  • Retains lifetime ownership and use of your home
  • Provides clarity about who inherits the property
  • May help reduce estate administration costs
  • Useful for estate planning, Medicaid, and elder law strategies

Responsibilities of the Life Tenant

During your lifetime, you remain responsible for property taxes, insurance, and maintenance. You cannot sell or mortgage the property without consent from your remainder beneficiaries. Because of this, many clients choose to discuss the pros and cons of a traditional Life Estate Deed versus an Enhanced Life Estate (Lady Bird) Deed, which offers more flexibility.

When a Life Estate Deed Makes Sense

This deed is especially helpful for Florida homeowners who:

  • Want to ensure their home passes directly to heirs without probate
  • Have adult children they wish to name as future owners
  • Prefer to retain use and control of the property during life
  • Are planning for long-term care or Medicaid eligibility

Our Legal Process

  1. Consultation: We review your goals and property details.
  2. Preparation: Our attorneys draft a deed meeting all Florida legal requirements.
  3. Execution: We guide you through proper signing and witnessing.
  4. Recording: We file the deed with the county recorder to make it official.

Life Estate Deed vs. Enhanced Life Estate (Lady Bird) Deed

While both deeds avoid probate, an Enhanced Life Estate Deed gives you more control—you can sell, mortgage, or change beneficiaries without consent. We’ll help you decide which option best fits your situation.

Frequently Asked Questions

Q1
Does a Life Estate Deed affect property taxes or homestead?
No. You continue to qualify for Florida’s homestead exemption as long as you live in the property as your primary residence.
Q2
Can beneficiaries sell the property before my death?
No. Remainder beneficiaries have no rights to occupy or sell the property until the life tenant passes away.
Q3
How do I revoke a Life Estate Deed?

Once recorded, a Life Estate Deed is generally irrevocable unless all parties agree to a new deed. If you want flexibility, consider an Enhanced Life Estate Deed.

Talk to a Florida Deed Attorney

Get Started

We’ll prepare, execute, and record your Life Estate Deed to meet Florida’s legal requirements. Protect your home and your loved ones today.

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