The Short Answer Yes, a valid deed generally trumps a will.  If a property deed is legally transferred to a new owner ("Person A") before the original owner dies, that property is no longer part of the deceased’s estate. Therefore, the Last Will and Testament has no legal authority over it. Even if the will states that Person A must share the proceeds with others upon selling, they are under no legal obligation to do so if they are the sole owner listed on the deed. The "Have

One of the most common questions Florida estate planning attorneys receive involves the transfer of family property. Specifically, when a parent (the grantor) passes away and leaves their home to a child through a revocable trust, what happens to the property taxes? Does the child get to keep the parent's original homestead exemption rate? If not, how does the beneficiary handle the new tax situation? This guide breaks down exactly how the Florida homestead exemption works w

Short Answer:  Yes. In Florida, a property owner can sign a deed and add you as a co-owner or beneficiary without your knowledge or signature. However, for the transfer to be legally binding, you must "accept" it. If you have recently discovered you were placed on a deed without your permission, or you are worried about unwanted property liability, this guide explains how Florida law handles these transfers and what steps you must take to protect yourself. How Is It Possible

Many people wonder if it's worth paying an attorney to prepare a property deed, or if they can save money by doing it themselves or using a less qualified helper. A real example from a recent office consultation shows why that decision matters. What Happened When a Deed Was Prepared Incorrectly A father owned his property outright. He entered a long-term relationship with a woman and decided to add her to the deed. The new deed simply listed both of their names as grantees, w

You’ve worked your entire life for your home. You don’t want your kids fighting in probate court. So you think: “I’ll just put the deed in my favorite child’s name now and write in my will that when they sell it, they have to split the proceeds with their siblings.” Stop right there. That plan will almost certainly fail – and your family could lose everything you intended for them. Here’s the harsh truth most people discover too late: A deed beats a will – every single time.

Have you ever played a card game where you thought you had the winning hand… until someone slams down a trump card and takes the entire pot? That’s exactly what happens in estate planning more often than you realize — and most people never see it coming. In estate planning , a “trump card”  is any designation on an asset that automatically overrides everything else you’ve written in your will or trust. No matter how carefully you drafted your will, no matter how many hours yo

If you co-own a home or land in Florida and you’re worried about whether the other person can secretly create a new deed that takes you off the title without your knowledge or consent , you’re not alone. This is one of the most common estate questions Florida property owners ask. Short answer:  It depends entirely on how  you and the other person hold title on the deed. In many cases — especially if the deed is silent or says “tenants in common” — the other owner can  transfe

If you're navigating estate planning in Florida, you've likely come across terms like "Lady Bird deed" and "homestead exemption." These...

When planning your estate, you may wonder whether a Lady Bird deed  or a living trust  is the better option for transferring your assets,...

When planning your estate in Florida, a lady bird deed  can be a powerful tool to ensure your property passes smoothly to your loved ones...

When it comes to owning real estate in Florida, understanding the different types of property deeds is crucial to ensure your ownership aligns with your goals. One commonly used option is the Joint Tenancy with Right of Survivorship (JTWROS)  deed. This blog post explains how this type of deed works, its benefits, and important considerations for property owners in Florida. Whether you're purchasing property or planning your estate , this guide will help you make informed dec

When it comes to estate planning, one common question is whether you still need a Lady Bird deed if you already have a trust in place. The answer depends on your goals, the type of assets you own, and where you live.

When planning your estate, understanding the tools available to transfer property to your heirs is crucial. A common question is how a warranty deed differs from a Lady Bird deed and whether a warranty deed can help avoid probate, especially when a will specifies different beneficiaries. In this article, we’ll clarify the differences between these deeds, their impact on inheritance, and how they interact with probate in Florida.

When planning your estate, you may have heard about Lady Bird Deeds  (also known as enhanced life estate deeds) as a powerful tool for...

When planning your estate, you may question what happens if you deed property to Person A before death, but your will instructs Person A to split sale proceeds with Persons B and C.