Orlando, FL asked in Real Estate Law and Estate Planning for Florida

Q: My mother wants to put her property in my name(daughter), which is best a living trust, will or inheritance?

1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and time and cost related to it. Also, if she just outright deeds the property to you, there can be issues with qualifying for Medicaid, exposing the property unnecessarily to creditors, mortgage due on sale issues, document stamp issues, gift taxing and so forth, a discussion about and reasoning behind any transfer and the ultimate goal will be important. I would likely recommend a Trust or the Ladybird deed generally speaking and based upon additional information and circumstances being provided by you and mom.

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