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Deed Beats Will: Your Florida Home Plan Is Probably Broken

Updated: 2 days ago


atcause law florida estate planning attorney

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.

Once you sign that property over to Person A (even years before you pass), they legally own it 100%. Your will saying “when they sell, split the money with B and C” becomes worthless paper. Person A can sell the house tomorrow, keep every penny, and there is zero legal obligation to share – even if they promised you they would.

This exact scenario is breaking Florida families apart right now.


Why This Happens (And Why Simple Wills Won’t Save You)

  • You transfer the deed to avoid probate → Mission accomplished… but you just gave the house away while you’re still alive.

  • Your will tries to add conditions (split proceeds, etc.) → Courts ignore it. Wills only control assets you still own at death.

  • The new owner can ignore your wishes completely → It becomes a “hope and a prayer,” not law.

The same disaster happens with bank accounts: Name one child as joint owner or POD beneficiary? They get it all – your will splitting it equally among kids is overridden.

Worse – when the favored child later “gifts” money to siblings to honor your wishes, everyone gets hit with gift taxes and complications you never saw coming.


The Florida Solution Most People Don’t Know Exists (But Should Use Immediately)

It’s called a Lady Bird Deed (also known as an Enhanced Life Estate Deed), and it’s a game-changer for Florida homeowners.

With a properly drafted Lady bird Deed:

  • You keep full control and ownership while you’re alive (live there, sell it, refinance – whatever you want)

  • You decide exactly who gets the property when you pass

  • It completely skips probate – no court, no delays, no huge fees

  • Unlike a regular deed transfer, your instructions are actually enforceable

This one simple document solves the nightmare scenario above and protects your family from fighting, taxes, and heartbreak.


Don’t Wait Until It’s Too Late – Probate Delays Are Getting Worse in Florida

Court backlogs are exploding. Families are waiting 12–24 months (or longer) and spending tens of thousands in fees because they used the wrong tool.

Every month you delay is another month your family is at risk of:

  • One child accidentally (or intentionally) cutting the others out

  • Expensive probate eating 5–8% of your estate

  • Tax surprises no one planned for

  • Siblings in court against each other


Take Control Today – Before Something Happens to You

You’re not “too young” or “don’t have enough” to need this. If you own a home in Florida, you need this protection now.

Click here to schedule a free consultation with our Florida estate planning team. We specialize in Lady bird Deeds and avoiding these exact disasters.


We’ll review your current deeds and will at no cost and show you exactly how to make your wishes bulletproof – before it’s too late.

Don’t leave your family’s future to hope. Secure it today.

P.S. The consultation is 100% free and there’s zero obligation. The only thing you have to lose is the stress hanging over your family right now.



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