Florida Life Estate Deed

Florida Enhanced Life Estate Warranty Deed [Lady Bird Deed]

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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:

“Husband and Wife, as , hereinafter”

III. DISCLAIMER

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ENHANCED LIFE ESTATE DEED

[Husband and Wife/Two Individuals to Three Individuals]

THIS INSTRUMENT PREPARED BY:

NAME

ADDR.

PARCEL IDENTIFICATION NUMBER:

Rec, Fee $

Doc. St. $

Space above for Recording

ENHANCED LIFE ESTATE DEED

[Husband and Wife/Two Individuals to Three Individuals]

This Indenture, made the day of , 20 by

GRANTORS: , a married person, whose postal address is , and

, a married person whose postal address is ; and

GRANTEES: , a married person, whose postal address is ;

, a married person whose postal address is ; and

, a married person whose postal address is

WITNESS: That the GRANTORS, for and in consideration of Ten Dollars and other valuable consideration, does hereby grant, bargain, sell, remise, release and convey unto the GRANTEES, individuals, as , subject to a retained life estate in Grantors, and each of them, described further in the Reservations and Limitations to Conveyance and Warranty set forth below, the following described land, situate, lying and being in 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 an Enhanced Life Estate reserving and preserving to the Grantors, and each of them, a life estate for the term of their life without any liability for waste and with full power and authority in said life tenant(s) to sell, convey, mortgage, lease or otherwise encumber the described property.

2. The Grantors also reserve 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 remaindermen, and with full power and authority to retain exclusively any and all proceeds generated thereby without liability for claims or debts of remaindermen.

3. Upon the death of the Life Tenants, the remainder, if any, will then be granted to the following Remaindermen an Undivided Interest in Equal Shares:

, , and , hereinafter collectively called the "Grantees."

WARRANTY: GRANTORS, Binds GRANTORS 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 Exceptions to Conveyance and Warranty.

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:

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

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

EXHIBIT A

Grantor:

Grantee:

Legal description: