How to avoid probate on your home
Use a lady bird deed a/k/ an enhanced life estate deed to avoid probate on your home.
James: My mom is still living. She's terminal but she owns a house in Florida and she wants the house to go to my brother, so my question is, what's the easiest way to handle that?
Attorney Tom Olsen: The best way for her, and you're on the right track, James, is a ladybird deed. It's a deed that we would prepare. It would state that as long as your mom is alive, it is her home to do with as she pleases, but when she passes away, the home would automatically go to your brother, no headaches, no hassles, no probate.
James, your mom could sign that at her office or we could email to her or we can mail it to her. She would sign it and return it to our office for us to record in the public records.
James: Okay. Now, as far as her signing that, but it would still remain in her name just upon something happen to her, then it would go to him?
Attorney Tom Olsen: Yes. That's the beauty of a ladybird deed, is you're not giving it away. Your mom is retaining complete control over that property as long as she's alive. It does not go to your brother until she has passed away.
James: Okay. That'll work.
Attorney Tom Olsen: All right. James-
James: All right. Thank you.
Attorney Tom Olsen: -for you and the other listeners out there, we have a booklet on ladybird deeds and easy ways to avoid probate. If you like to get that booklet you can call or text Chrissy anytime, 407-808-8398. I'm going to give that number out again, but first I want to tell you that when you call or text Chrissy, please leave your name easily spelled for us and your mailing address. That way we don't need to call you back. All we have to do is pop it in the mail to you. Text or call us with your email and name to 407-808-8398.