By Chuck Roulet, Attorney · Licensed in Florida and Minnesota
Short answer: It may be. Some online Lady Bird deeds are fine. The problem is that no one reviews them. A form can't ask the questions that decide whether the deed actually works for your family.
Why Online Deeds Are Everywhere
Search "Lady Bird deed" online and you'll see ads selling them for a few hundred dollars. It looks quick and cheap. For a simple situation, the deed may even be recorded without a problem.
But getting a deed recorded is not the same as getting it right. Many mistakes don't show up until after you pass away, when it's too late for you to fix them.
What a Form Can't Ask You
When a deed is prepared without an attorney, no one checks:
- The legal description. One wrong lot number or missing line can cloud the title.
- Whether you're married. Florida has special rules for homestead property. If you're married, your spouse may need to sign your deed for it to be valid.
- Whether you have a minor child. Florida limits who can receive a homestead when you leave a spouse or a minor child.
- What happens if a child dies first. If the deed doesn't say, your family may end up in probate anyway.
- Whether the deed matches your will. A deed that sends the house one way and a will that sends everything else another way can leave children with very different shares.
An attorney asks all of those questions. A form can't.
What to Do If You Already Bought One
Don't panic. Pull out your deed and check three things: what happens if a child dies before you, whether the right people are still on it, and whether it matches your will. If you're unsure about any of them, have an attorney review it. Fixing a deed while you're alive is far easier than fixing it after you're gone.
Watch the Video
I talk about online deeds in my video "I Already Signed a Lady Bird Deed — Now What?" above.
Read the full article: I Already Signed a Lady Bird Deed — Now What?
If you bought your deed online and want an attorney to review it, schedule a consultation with our Venice, Florida office at 941-909-4644 or you can fill out the contact form on this page and a member of our team will reach out to you.
About the Author
Chuck Roulet is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He has practiced estate planning and elder law for nearly 30 years and is one of very few attorneys licensed in both Minnesota and Florida. Chuck has trained more than 35,000 attorneys and financial professionals as a continuing education speaker and is the author of three books, including The Florida Snowbird Guide. Florida: 941-909-4644 · Minnesota: 763-420-5087 · rouletlaw.com
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
