Only One Spouse on the Deed But Both on the Mortgage in Florida – Here’s What Actually Happens I get this question every single week: “We bought the house before we got married. Both of us are on the mortgage, but only one name is on the deed. If something happens to my spouse, do I automatically get the house?” The short answer: No — you do NOT automatically get the house. In Florida, ownership is decided 100% by the deed. The mortgage means nothing when it comes to who leg

In estate planning, it's common to wonder about conflicting instructions for your assets, especially real estate like your home. What if you initially set up a house as payable on death to one person, but later decide to place the same house into a trust for someone else? This scenario raises important questions about which designation rules. Let's break it down step by step based on how deeds work. Understanding Transfer on Death Deeds A transfer on death deed (often called

In the world of estate planning, Lady Bird deeds have become a popular tool for Florida homeowners looking to pass on their property smoothly without the headaches of probate. But a common question arises: When you change your deed to a Lady Bird deed , do you have to pay fees like documentary stamp taxes (doc stamps) or county recording fees? If you're in Florida and considering this option, you're in the right place. This guide breaks it down step by step, based on expert i

In Florida estate planning, one common question stands out: Why not just put real property in a trust to avoid probate?  While a revocable living trust is often the gold standard for transferring assets seamlessly, it isn’t always the most practical or cost-effective choice. Sometimes, adding heirs to a deed with rights of survivorship—or using a Lady bird deed —makes more sense depending on your financial situation, family dynamics, and long-term tax goals. This guide breaks

If you're a joint tenant with rights of survivorship on a property with your parent, and they're receiving government benefits like SSDI or Medicaid, you might worry about what happens to the house after they pass away. A common question is: Can the government come after the house? In this post, we'll break down the key differences between SSI and SSDI, explain why Social Security typically isn't a concern for property liens, and dive into how Medicaid recovery works—especial

Discover how a revocable living trust in Florida can help your beneficiary avoid capital gains tax with a step-up in basis and bypass probate. Learn the benefits today!