Deeds (Lady Bird, Life Estate, Quitclaim, Warranty)

Deeds transfer property, with a Warranty Deed offering maximum title protection; a Quitclaim Deed transfers only the grantor’s current interest, with no guarantees; a Life Estate lets someone live on property for life, but standard life estates restrict selling; while a Lady Bird Deed (Enhanced Life Estate) is a special type of deed, often a quitclaim, that lets you keep control (sell, mortgage) and avoid probate for your beneficiaries, unlike a regular life estate. 

Deed Types Explained

Warranty Deed: The seller guarantees they have clear title and will defend it against any claims, even those from before they owned the property. Offers the most protection to the buyer.

Quitclaim Deed: Transfers whatever interest the grantor has in the property, but offers no warranties or guarantees about the title’s quality. Good for clearing up title issues or transferring between family, but risky for buyers.

Life Estate Deed: Grants someone (the life tenant) the right to use and possess a property for their lifetime, with ownership passing to a remainderman (beneficiary) after death. The life tenant usually needs the remainderman’s consent to sell or mortgage.

Lady Bird Deed (Enhanced Life Estate Deed): A specific type of deed (often a quitclaim) that creates a life estate but enhances it by allowing the grantor (life tenant) to sell, mortgage, or change beneficiaries without the remainderman’s consent. It avoids probate and protects Medicaid eligibility in some states.

Deeds Lady Bird Life Estate Quitclaim Warranty Hollywood Florida

How They Work Together (Lady Bird Example)

A Lady Bird Deed combines elements: it’s a deed (often quitclaim) that creates a life estate but adds the grantor’s full control and avoids probate, unlike a standard life estate. You remain the owner, keep tax benefits, can sell or refinance, and the property goes directly to your named beneficiary upon death, bypassing probate.

Key Differences

Control: Standard life estate requires remainderman consent; Lady Bird Deed gives grantor full control.

Probate: Both can avoid probate, but Lady Bird Deeds are designed for it, making transfer simple.

Warranty: Quitclaims offer no warranty; Lady Birds often use quitclaim language but add life estate benefits.

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