How much does an attorney cost?
These are our transparent fees:
-Lady bird deed: $500
-Lady bird deed and will: $750 for individual, $900 for couple
-Will only: $400 for individual, $600 for couple
-Durable power of attorney: $200 (individual or couple)
-Healthcare surrogate and living will: $150 (individual or couple)
-Deed filing and recording: (optional): $100
-Trusts: Quote given at consultation
For less than $1,000 (far less than the cost of a probate), you can ensure your affairs are in good order for your heirs. Please note, if there is a deceased joint owner still listed on the title to the property, like a deceased spouse, additional items might be required before you can complete a Lady Bird Deed. You must complete an affidavit of continuous marriage or joint tenant, along with other paperwork, which we can help with for $500. There may be other attorneys offering a cheaper deed, but with Jason Quick Law you can be assured you are receiving quality legal advice.
Who should make a Florida Lady Bird deed?
If your primary asset is your residence, then a simple will and Florida Lady Bird deed might be right for you. If you have a will only (or no will) without a Florida Lady Bird deed, then all of your assets will have to go through Probate Court before they are inherited. This almost always means your heirs will have thousands of dollars in legal fees and the house will be frozen in probate for months. With a Florida Lady Bird deed, title to the real estate transfers automatically by operation of law at the time of death without having to go to Court.
Who should not make a Florida Lady Bird deed?
1) If you have minor children, the Florida Constitution restricts any devise (gift) through a will, trust, or ladybird deed for your primary residence classified as your homestead. It can only go to your children, period. So, the use of the ladybird deed would be limited to your children only as grantees/remaindermen.
2) If you have a large estate with $1 million, or more, in liquid assets, then it might make more sense for you in most cases to have a living trust in place and use the trust to avoid probate rather than a ladybird deed and simple will.
3) You cannot use a ladybird deed to disinherit a spouse without their permission through a waiver or post-marital agreement. The Florida Constitution provides that a spouse obtains certain rights in the marital homestead (primary residence) whether or not they are on the title to the property.
4) If the individual's inheriting your property are in ill health, a Florida Lady Bird deed might not be a good option because if they predecease you, then their share will have to go through probate.
5) If your heirs have tax problems, a Florida Lady Bird deed might not be a good idea because the IRS could potentially obtain a lien against the property, even while you are still alive.
Typical length of a formal probate administration in Florida, assuming there are no complications! Do not let your real estate get trapped in probate.
Approximate percentage of adults with no estate plan or will. Don't become a statistic. Don't leave your family with a mess.