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Libon Masri

“I’m most passionate about helping the people who otherwise wouldn’t be able to fend for themselves,” says Masri as he sips his coffee, wearing a Jimi Hendrix tee-shirt.

Lady Bird Deed Vs. Quitclaim Deed


A Lady Bird Deed and a Quitclaim Deed are both types of real estate deeds used for different purposes and with distinct features. Here’s a comparison of the two:

1. Transfer of Property Ownership:

  • Lady Bird Deed: A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is used to transfer property to designated beneficiaries upon the death of the grantor while allowing the grantor to retain control and use of the property during their lifetime. It operates as a life estate with an enhanced or retained power to sell, mortgage, or change beneficiaries.
  • Quitclaim Deed: A Quitclaim Deed is used to transfer whatever interest or claim the grantor has in a property, without making any warranties about the title. It does not guarantee that the grantor actually owns the property or that the title is clear; it simply conveys the grantor’s interest, if any, to the recipient.

2. Probate Avoidance:

  • Lady Bird Deed: The primary purpose of a Lady Bird Deed is to avoid probate. The property automatically transfers to the named beneficiaries upon the grantor’s death without going through the probate process.
  • Quitclaim Deed: A Quitclaim Deed does not provide the same probate avoidance benefits as a Lady Bird Deed. The property transferred through a Quitclaim Deed may still be subject to probate, depending on the circumstances.

3. Control and Use of Property:

  • Lady Bird Deed: The grantor retains control and use of the property during their lifetime, allowing them to sell, mortgage, or otherwise deal with the property as they see fit.
  • Quitclaim Deed: The grantor transfers their interest in the property, if any, without retaining any control or rights to the property.

4. Title Guarantees:

  • Lady Bird Deed: Typically, Lady Bird Deeds come with certain guarantees, and they convey a clear title to the property upon the grantor’s death. This means that the beneficiaries receive the property with a clean title, free from most claims and encumbrances.
  • Quitclaim Deed: Quitclaim Deeds do not provide any warranties or guarantees about the title. The recipient takes the property “as is,” which means they may inherit any existing title issues or claims against the property.

5. Common Uses:

  • Lady Bird Deed: Lady Bird Deeds are commonly used in estate planning to transfer property to heirs or beneficiaries while allowing the grantor to maintain control and use of the property during their lifetime. They are especially useful for Medicaid planning and avoiding forced property sales.
  • Quitclaim Deed: Quitclaim Deeds are often used in situations where the grantor wishes to transfer their interest in a property to a family member, remove a spouse’s name from a property title after divorce, or clarify property ownership in non-sale situations.

It’s crucial to consult with a qualified attorney when considering either type of deed to ensure that it aligns with your specific goals and that you comply with the legal requirements in your jurisdiction. Additionally, the choice between the two deeds will depend on your individual circumstances and objectives.

LadyBird Knowledge Center

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The Importance of Professional Estate Planning

Professional estate planning in Florida, as in any other state, is critically important for several reasons. Estate planning involves creating a comprehensive plan for the management and distribution of your assets and affairs, both during your lifetime and after your death. Here are some key reasons why professional estate planning is crucial in Florida….

During this consultation, you'll have the opportunity to:

  1. Discuss Your Goals: Share your specific goals and objectives for your estate planning, including how you envision using a Ladybird deed to achieve them.

  2. Learn About Ladybird Deeds: Our experienced attorneys will provide you with a comprehensive overview of what Ladybird deeds are, how they work, and their potential advantages in your unique situation.

  3. Assess Your Eligibility: We’ll assess your eligibility for using a Ladybird deed based on your circumstances, property ownership, and estate planning needs.

  4. Address Your Questions: You can ask any questions or seek clarification on any aspects of Ladybird deeds or estate planning in Florida.

  5. Receive Personalized Guidance: Our team will provide you with personalized recommendations and guidance tailored to your specific needs and preferences.

  6. Discuss Next Steps: If you decide that a Ladybird deed is the right choice for you, we can discuss the next steps in the process and provide information on how we can assist you in creating and executing the deed.