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

"If lady bird deed is done where can they find record of it?"
You can check the property records at your county recorder's office, if the deed was recorded you will get all the relevant details from there.

"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."
If it was a Durable POA then she had the right to act on behalf of her parents and name their son as the beneficiary to get property after death of parents.

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.

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

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?

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

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?

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.

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

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.

Having full POA for my father in Florida, would it be legal to draw up a LB deed for his house, transfering ownership to myself, a brother and a sister?
Thanks.

Hi Wilson,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about45542.html#188179

Take a look at it. Hope it helps you.

i have my home fully paid for and two more paid for totalling 350,000 dollars if sold but have and additional 7 rentals with mortgages and equitty loans not producing much money and 15,000 in credit card debts if i obtain a lady bird trust what will it cost me to do this worry my kids 2 wont be able to handle such work they are both financially broke not findind decent jobs at the moment i am 83 years old my health is not terribly bad should i get a lawyer what about keeping the accounting same way i do now for irs purposes with a cp with a cpa

should i get a lawyer for the lady bird trust how is the accounting done the same way i have been doing it now using my cpa and keeping records of what is coming in and going out repairs etc

Welcome carmenvilamc,

In my opinion, you should contact a lawyer and he will guide you in a better way in this matter.