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

If you are asking "What should be the price of an estate plan that includes two deeds?" , the answer depends heavily on the level of service and where you live. Online/DIY Forms:  $50 – $150 (High risk of errors) Attorney-Drafted Deeds:  $350 – $950 per deed (Plus recording fees) Basic Trust Plan (Low End):  $2,500 – $3,000 Comprehensive Trust Plan (Couples/High Service):  $5,000 – $7,000+ Note: Prices vary by state and county. The ranges above reflect typical costs for servi

Quick Summary:   Many Florida residents assume listing a "Transfer on Death" (TOD) or "Payable on Death" (POD) beneficiary protects their accounts from probate. However, if your financial institution merges or transfers your account to a new company, the original beneficiary paperwork can get lost. Without written confirmation from the new institution, your heirs may be forced into probate even if your monthly statements list them as beneficiaries. We are noticing an alarming

Many Florida families worry about Medicaid eligibility  when a loved one has significant savings in the bank. The good news is that excess assets do not have to be fully spent on nursing home care. With proper planning, you can often qualify for benefits while preserving money for family. Lady bird Deeds and Home Protection A lady bird deed  (also known as an enhanced life estate deed ) is a smart way to protect your home. It allows the property to pass directly to your chose

A caller recently asked us this exact question: “My brother is sick. Mom just gave each of us kids $113,000. He’s not married but has a girlfriend he’s been with for over 12 years. She has no money. If he passes, does she get the money in his bank account?” Here is the exact answer based only on what we explained in that call: While Your Brother Is Still Alive If the bank account is in his name only , the girlfriend has no access  at all. She can only get money if he personal

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.

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

Estate planning can feel overwhelming, but understanding key documents like a pour-over will  is essential—especially if you have a revocable living trust. You might think a pour-over will automatically avoids probate for all your assets. Think again. Let’s clear up the confusion once and for all. What Is a Pour-Over Will? A pour-over will  is a special type of last will and testament used alongside a revocable trust  (also called a living trust). Your standard last will and

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

In Florida, many people use quitclaim deeds as a simple way to transfer property ownership, especially when planning for the future. A common scenario involves adding family members to the deed to ensure the property passes smoothly without probate. For example, imagine a situation where a mother adds her 34-year-old grandson and 24-year-old granddaughter to her quitclaim deed with survivorship, listing her name first. The big question: Will the property go straight to them w

When a loved one passes away, one of the first questions families ask is what happens to the money left in their bank accounts — especially if the person wasn’t married and didn’t have a will. Let’s walk through a real-world scenario that illustrates how Florida law handles this situation and how to make sure your loved one’s money ends up where it should. The Situation: A Gift, a Bank Account, and an Unmarried Partner A mother gifted each of her children $13,000 . One of her

If you're a property owner with multiple real estate assets, like an individual with 26 properties considering a living trust, you may be...

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 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.

If you’re an American wondering, “Can I leave my property or money to someone living in another country, like the Philippines, in my will?” the answer is straightforward...