Gulf Breeze, FL asked in Estate Planning for Florida

Q: I live in Florida, I have a will, do I still need an Enhanced Life Estate Deed to help beneficiaries avoid proabate?

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Estate Planning Lawyer
  • Miami, FL
  • Licensed in Florida

A: In Florida, all assets belonging to the estate of a decedent (ie. titled in the name of the decedent) will typically undergo probate administration. A last will admitted to probate is used to determine the beneficiaries of the estate. A last will does not avoid probate. On the other hand, for purposes of real property, an enhanced life estate deed, properly drafted, may avoid probate with respect to that real property. After death, the remaindermen listed on the enhanced life estate deed become full owner(s) of the property. Consult with an attorney to assist you.

Lauren Nagel Richardson agrees with this answer

Marc J. Soss
Marc J. Soss
PREMIUM
Answered
  • Estate Planning Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: A deed of that nature would allow you to avoid the administration, through probate, of the property at your death. Some attorneys utilize them while others do not. Please consult with an estate planning attorney when making a decision to utilize a deed of this nature.

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