[FL] Does a Lady Bird deed get revoked or affected if I remarry after creating it?

FL Family Law

Legal Eagle

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Thank you so much for chatting with me on this. Getting married in Florida does not automatically cancel or void a lady bird deed on property you solely own. Your new spouse will not gain automatic ownership rights to that property just because you marry. Florida is not a community property state, so property you own before marriage generally stays yours. (Florida Statutes § 61.075(6)(b))

If you later buy a new property together, that would be a separate matter handled with a different deed. Keep the executed lady bird deed recorded with your county to make sure the transfer on death remains in effect.

Does that help clarify things? I want to make sure I didn’t leave anything out.

Florida Enhanced Life Estate (Lady Bird) Deed

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Hello! Just one question: does the Lady Bird get cancelled in Florida if I get married again later on?

Lexi, Chatbot

I understand that you're concerned about the implications of marriage on your lady bird deed. Can you tell me if you currently have a lady bird deed in place?

I am putting one together as we speak.

Lexi, Chatbot

Have you already remarried, or are you considering marriage in the near future?

I am possibly getting married by the end of the year.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. Will the property be your sole property or jointly owned when you execute the deed?

Sole property.

Legal Eagle

Are there any specific terms or conditions in your lady bird deed that you are concerned might be affected by your upcoming marriage?

Nope. We both agreed on doing this as this is our second marriage.

Legal Eagle

OK, I've got what you're getting at here! Were there any other facts you'd like to add before I answer your question?

We will buy a property for both of us later on. Let me know if you need more info. I’m thinking this should be a straightforward process.

Legal Eagle

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Legal Eagle

Does that help clarify things? I want to make sure I didn’t leave anything out.

Thank you so much. Can you also answer another related question, not related to the Lady Bird deed?

Legal Eagle

Sure thing!

Does this work the same with my 401/TSP account? I have my kids as beneficiaries. Will getting married overrule the beneficiaries?

Legal Eagle

I hear you! When it comes to your 401(k) or TSP accounts, getting married does not automatically override your designated beneficiaries. However, it's important to note that if you are married, your spouse may have certain rights to your retirement accounts under federal law, unless they waive those rights in writing.

It's a good idea to review your beneficiary designations and consult with a financial advisor to ensure everything aligns with your wishes. If you have any more questions or need further clarification, feel free to ask!

I'm good! Thank you so much!

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!

You were great! Thanks!

Legal Eagle

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Legal Eagle

133,377 satisfied customers

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