What is the legal process for having an Enhanced Life Estate Deed rrecognized when the grantor dies?

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What is the legal process for having an Enhanced Life Estate Deed rrecognized when the grantor dies?

I live in FL and I want to create an “Enhanced Life Estate Deed” so my children will be able to avoid probate upon my death. When the form is notarized does that make it legal or are there other legal steps needed to have the document recognized by the court?

Asked on August 11, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are doing some estate planning which is really a good idea these days.  The requirements of each state, though, are best asked to an attorney or estate planner in your area whocan look at your assets in total and help you to come up with a plan that will have the outcome you wish when you pass away.  In any event, it is my understanding that an Enhanced Life Estate Deed is a great tool afforded those in Florida to help avoid probate and may tax consequences that could come up with a Traditional Life Estate Deed.  But I would assume that the best protocol with any deed is to file it with the county clerk so that it appears on the title in the event of a search.  Good luck to you. 


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