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

Q: In Florida are the grantor and grantee the same person in a ladybird deed?

Can the remainderman be the grantee if an enhanced life estate is reserved to the grantor as the life tenant?

2 Lawyer Answers
T. Augustus Claus
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A: In a ladybird deed (enhanced life estate deed) in Florida, the grantor is typically the person transferring the property and retaining certain rights, such as the right to live on the property for their lifetime. The grantee, on the other hand, is usually someone who receives the property upon the grantor's passing.

The remainderman is the individual who gains ownership of the property once the life tenant (grantor) passes away. It's possible for the remainderman to be the same as the grantee if the grantor chooses to transfer the property back to themselves with enhanced rights and name the remainderman as the same person.

Marc J. Soss and Anthony M. Avery agree with this answer

Lauren Nagel Richardson
Lauren Nagel Richardson
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: It is important that deeds are prepared correctly. If you are in doubt, please work with an estate planning or real estate attorney to prepare your deed. That being said, to answer your question in general, the homeowner is the grantor, and both the homeowner, as to a life estate with certain retained powers, and then upon the death of the life tenant, the remainderman, are grantee.

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