Fill and Sign the Enhanced Life Estate or Lady Bird Deed Husband and Wife to Two Individuals Florida Form

© 2016 - U.S. Legal Forms, Inc.       FLORIDA ENHANCED LIFE ESTATE WARRANTY DEED [LADY BIRD DEED] [Two Individuals / Husband and Wife to Two Individuals / Husband and Wife] Control Number: FL-010-83 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. HOW THE GRANTEES WILL HOLD THE PROPERTY In the State of Florida real property can be held by more than one person (concurrent estates) in the following ways: A. If the Grantees ARE NOT married to each other, they can hold the property as: 1. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. 2. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. B. If the Grantees ARE married to each other, they can hold the property as: 1. Tenants in Common – See above 2. Joint Tenants with the Right of Survivorship – See above 3. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate. C. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety. D. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ E. For example: “as Tenants in Common , subject to” III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INSTRUMENT PREPARED BY: NAME       ADDR.             PARCEL IDENTIFICATION NUMBER:       Rec, Fee $       Doc. St. $       Space above for Recording ENHANCED LIFE ESTATE DEED [Two Individuals / Husband and Wife to Two Individuals / Husband and Wife] This Indenture , made the       day of       , 20       by GRANTORS :       , whose address is       , and       , whose address is       , husband and wife and GRANTEES:       , whose address is       and       , whose address is       , individuals . WITNESS: That the GRANTORS, for and in consideration of Ten Dollars and other valuable consideration, do hereby grant, bargain, sell, remise, release and convey unto the GRANTEES, as tenants in common , subject to retained life estates in Grantors described further in the Reservations and Limitations to Conveyance and Warranty set forth below , the following described land, situate, lying and being in Enhanced Life Estate Deed Page 1 of 3       County, Florida, to wit: See Exhibit A attached hereto and incorporated by reference as though set forth in full Legal Description:       RESERVATIONS AND LIMITATIONS TO CONVEYANCE AND WARRANTY: 1. It is the intention of the Grantors to create, in each of them, an Enhanced Life Estate reserving and preserving to the Grantors a life estate, for the term of his or her life, without any liability for waste and with full power and authority in said life tenants to sell, convey, mortgage, lease or otherwise encumber the described property. 2. The Grantors, and each of them, also reserves the right to cancel this conveyance and reconvey the property described , or otherwise manage and dispose of the property described during the Grantor’s lifetimes, in whole or in part, in fee simple, with or without consideration, without joinder of any remainderman , and with full power and authority to retain exclusively any and all proceeds generated thereby without liability for claims or debts of the remainderman. 3. Upon the death of the Life Tenant , the remainder, if any, will then be granted to the following Remaindermen as an Undivided Interest in Equal Shares:       and       , “ Grantees” . 4. If either or both of the Grantees fail to survive the Grantors, their share(s) shall go to their heirs per stirpes. WARRANTY: GRANTORS, bind GRANTORS, and each of them, and GRANTOR’S heirs and successors, to warrant and forever defend all and singular the property to GRANTEES and GRANTEE’S heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same on any part thereof, except as to the Reservations and Limitations to Conveyance and Warranty set forth above. PRIOR INSTRUMENT REFERENCE : Book       , Page       , Document No.       , of the Public Records of the Recorder of       County, Florida. EXECUTED this       day of       , 20       Signed, sealed and delivered in the presence of: Witness Signature Signature of 1 st Grantor             Printed Name Printed Name       Witness Signature Post Office Address Enhanced Life Estate Deed Page 2 of 3             Printed Name City, State and Zip STATE OF FLORIDA, COUNTY OF ____________ The foregoing instrument was acknowledged before me this       day of       , 20       , by       , who is personally known to me or has produced       as identification and who did/ did not take an oath. Notary Public       (Print, type, or stamp commissioned name of Notary Public) Witness Signature Signature of 2 nd Grantor             Printed Name Printed Name       Witness Signature Post Office Address             Printed Name City, State and Zip STATE OF FLORIDA, COUNTY OF ____________ The foregoing instrument was acknowledged before me this       day of       , 20       , by       , who is personally known to me or has produced       as identification and who did/ did not take an oath. Enhanced Life Estate Deed Page 3 of 3 Notary Public       (Print, type, or stamp commissioned name of Notary Public) Enhanced Life Estate Deed Page 4 of 3 EXHIBIT A Grantors:             Grantees:             Legal Description:       Enhanced Life Estate Deed Exhibit A