How to avoid probate on your home

Описание: The Olsen on Law Radio Show has been on the air for 40 years. From our radio show, we have videos of real people asking real legal questions. We help people to avoid probate and do their estate planing including wills, living trusts and powers of attorney. We also help people get free in-home care for seniors and help people protect their wealth from the cost of a nursing home. We are the Olsen Law Group in Orlando and we assist clients throughout the State of Florida.

Sue: Hi, I have a question. You were speaking about not putting your child's name on the deed prior to your death, too, so that they would enjoy the step up. My question is, I'm new to Florida. I don't know how this works, but I've heard the lady bird deed.
Attorney Tom Olsen: Correct.
Sue: I was wondering when I heard you, is that the equivalent of putting their name on the deed prior to your death, or does-
Tom: No.
Sue: - that just simply make it so? No, okay.
Tom: First of all, a lady bird deed is a tool to avoid probate on real estate here in Florida. It could be your home, your vacation home, commercial property, vacant lot. We can use it even if you have a mortgage on your property that a lady bird deed stays true for you. It stayed as long as you're alive. It is your piece of property to do with as you please. No restrictions whatsoever. Only after you pass away does it go to your children, and yes, they will get a full step up basis on it.
Sue, when you do that lady bird deed, you will see your children's names on there because that lady bird deed literally names who gets that property when you pass away. Just because their names are there doesn't mean they have an ownership interest while you're alive. They have no interest in your home until after you've passed away.
Sue: Thank you very much.
Tom: If you want some help doing that lady bird deed, we'd be pleased to assist you. Chrissy, we've got some free booklets on lady bird deeds that people may want to order.
Attorney Chris Merrill: We do. We have a great booklet specifically on the lady bird deed and how to avoid probate on your home. You can call Attorney Alexis Richards right now at 407-423-5561. All you have to do is give Alexis your first, last name, and mailing address, and we will get those booklets out to you. In addition, you can go to our website at olsenlawgroup.com, O-L-S E-N-L-A-W-G-R-O-U-P.com. Right there on our homepage, you can select the lady bird deed booklet along with any of our other booklets. We will again be happy to mail those out to you. That's a great starting point.