By Chuck Roulet, Attorney · Licensed in Florida and Minnesota
Short answer: It depends on the exact words in your deed. Many people assume the child's share simply passes to their brothers and sisters. Sometimes it does. Sometimes it doesn't, and that can force your family into probate, the very thing the deed was supposed to avoid.
A Story That Shows Why This Matters
A family called me a few months ago. Mom and Dad had signed a Minnesota transfer on death deed, the Minnesota version of the same idea as a Florida Lady Bird deed. The house was supposed to pass to their children without probate.
When Mom and Dad passed away, the children did everything right. They hired a realtor. They found a buyer. They closed the sale, and everyone got paid.
Then the phone rang. The county refused to record the deed to the buyers.
One of the brothers had died before Mom and Dad. His share did not simply pass to his siblings. That meant no one had the legal power to sign for his share. The family had to open a probate case for their brother just so someone could sign and fix a sale that had already closed.
Can This Happen in Florida?
Yes, the same kind of problem can happen with a Florida Lady Bird deed if it doesn't say what happens when a child dies first. The deed might send that child's share to their own children, to their estate, or to your other children. If the deed is silent or unclear, your family may need a court to sort it out.
What to Look For
Pull out your deed and look for wording about what happens if a named person dies before you. You may see phrases like "per stirpes," "to the survivors," or "to their descendants." Each one means something different.
If you don't see any wording like that, it's a question for an attorney. It's much easier to fix a deed while you're here than for your children to fix it after you're gone.
Watch the Video
I tell this story in my video "I Already Signed a Lady Bird Deed — Now What?" above.
Read the full article for the other questions viewers asked: I Already Signed a Lady Bird Deed — Now What?
If you'd like an attorney to review your deed, schedule a consultation with our office by callus at Florida: 941-909-4644. Minnesota: 763-420-5087, 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.
