Can a Transfer on Death (TOD) deed be used in Florida, or is my best choice a Lady Bird deed for my new wife?
May 9, 2025
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Florida does not allow Transfer on Death (TOD) deeds. However, it does allow Lady Bird Deeds (technically called Enhanced Life Estate Deeds).
Here are the functions of a Lady Bird Deed:
- The owner transfers the property to the remainder owner immediately, making them the legal owner.
- The grantor reserves the right to live in and use the property for their lifetime.
- The grantor also retains the right to revoke or reclaim the property, sell it, or transfer it to someone else if desired.
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Can you help with a Lady Bird deed in Florida?
I understand you're looking for assistance with a Lady Bird deed in Florida.
Have you already prepared the deed, or are you looking to create one?
Or is a Transfer on Death deed allowed in Florida?
Are there any specific concerns or details about the property that you would like the Real Estate Lawyer to be aware of?
My home. I am the only name on the deed. I bought the home before I was married.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured, they'll be able to help with your property transfer.
No, that's pretty much it.
Hello and welcome to the site! My name is Barrister, and I am a licensed attorney here to help with your situation.
Can a Transfer on Death (TOD) deed be done in Florida, or is my best choice a Lady Bird deed for my new wife?
Florida does not allow Transfer on Death (TOD) deeds. However, it does allow Lady Bird Deeds (technically called Enhanced Life Estate Deeds).
Here are the functions of a Lady Bird Deed:
- The owner transfers the property to the remainder owner immediately, making them the legal owner.
- The grantor reserves the right to live in and use the property for their lifetime.
- The grantor also retains the right to revoke or reclaim the property, sell it, or transfer it to someone else if desired.
Can you draft a Lady Bird deed, and how much will it cost?
Unfortunately, I cannot represent customers from the site or recommend specific attorneys due to my consultant agreement with JustAnswer.
Finding a Local Attorney:
- You would need a local real estate attorney in Florida to draft a Lady Bird deed.
- Typical costs range from $250 to $350 for drafting the deed.
- For finding an attorney, visit these trusted sites:
- These sites screen attorneys based on location, practice area, experience, cost, and reviews.
I filled out a Quit Claim deed, had it checked by the tax office but did not file it because I wanted to maintain full control while alive.
Is there an easy way for me to do this, or should I use an attorney?
Is filling out a Lady Bird deed similar to completing a Quit Claim deed?
A Quit Claim Deed and a Lady Bird Deed are entirely different:
- Quit Claim Deed: Transfers any interest the grantor has to the grantee, but does not reserve any rights for the grantor, including living in the property or reclaiming it.
- Lady Bird Deed: Transfers property upon death but reserves the right to live in and control the property during the grantor’s lifetime.
No, the processes are not similar because a Quit Claim Deed does not retain the rights you want.
Here is a link to a free Lady Bird deed template for Florida that you can complete yourself to save on attorney fees: Free Florida Lady Bird Deed Form
Thanks.
