The main drawback to the Life Estate Deed is that once it is executed, you have the right only to live on the property: you cannot mortgage, lease, rent, or sell it unless you obtain the consent of the remaindermen. Keeping the Homestead Exemption – Since the Life Estate Deed does not transfer the property until your death, its execution does not impact your current exemption – thus, the asset protection benefits of Florida homestead laws remain. Saving Legal Fees – Unlike a living trust, which has similar benefits, a Life Estate Deed tends to be much cheaper to prepare while more effective in many respects. Thus, it can quality for a stepped-up basis that eliminates any appreciation that accrued in the property, thus saving a lot in income tax. Tax Savings – With a Life Estate Deed, federal tax law treats the property as though it was held until your death.

Medicaid Asset Protection– Transfers by a Life Estate Deed do not count for the purposes of determining Medicaid eligibility, and the property cannot be recovered by the state after your death. Peace of Mind – Once the Life Estate Deed is signed and recorded in the public records, there is no need for any other instrument to transfer the property to the designated remainderman. Probate Avoidance – The subject property of the deed can pass from you to your remaindermen without the need for probate.

There are many benefits to this arrangement: The deed creates what is known as a “life estate,” in which you continue to possess and use the property as a “life tenant” for as long as you live.

The Basics and Benefits of a Life Estate DeedĪlso known as a Beneficiary Deed or Transfer on Death (TOD) Deed, a Life Estate Deed allows for the automatic transfer of your property to one or more persons, called remaindermen, upon your death. Learn how this deed works and how Marina Title can help you incorporate it into your estate plan.

One of the best legal instruments available to Florida residents is the Life Estate Deed, a special type of deed that allows you to have greater flexibility and control over the future of your estate. When it comes to estate planning, it pays to consider each and every option for protecting your legacy.

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