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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3204
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Is there a Difference Between a Quit Claim Deed and an Enhanced Estate Deed (Ladybird Deed

Resolved Question:

Is there a Difference Between a Quit Claim Deed and an Enhanced Estate Deed (Ladybird Deed) Individual to Individual
Submitted: 8 months ago.
Category: Estate Law
Expert:  LegalGems replied 8 months ago.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Yes, a Quit Claim deed is effective upon signing- it essentially transfers ownership from the grantor (owner) to the grantee (recipient) once it is signed and filed. In contrast the Lady Bird Deed does not transfer ownership until the grantor passes.

LegalGems :

The Lady bird deed allows the owner to still exercise control over the property while alive.

LegalGems :

Please let me know if you need any more information.

Customer:

Yes are you there

LegalGems :

Yes?

Customer:

I understand the difference however on the forms he sent it states Quick Claim Deed

LegalGems :

Did you request a quit claim deed? Or the lady bird?

Customer:

A lady Bird deed But he claims its Not really Called that

LegalGems :

That is the lingo for the Enhanced Life Estate Deed.

Customer:

and he spelled my first name wrong and he said he would change the name on the form to enhanced Life Deed?

Customer:

But the wording would remain the same if he jsut changed the Title of it

LegalGems :

How did you pay the attorney? Credit card or cash?

Customer:

credit card

LegalGems :

OK. You may want to dispute this, if the attorney does not know the difference between a quit claim deed and a lady bird. The deeds have 2 different purposes, so just changing the title of the deed does not help.

Customer:

it states it Gives My Mother life Tendency! However its a Quick Claim Deed is it Not. I am trying to avoid Probate and Medicaid> Will this deed have the 5 year window

Customer:

The attorney was Not happy with me calling him ! I saw the difference between Your form and His

LegalGems :

Here is a sample Lady Bird: http://www.free-real-estate-forms.com/lady-bird-deed.html - please note how it states it is effective upon death. In contrast, please see http://www.saclaw.lib.ca.us/Uploads/files/forms/QuitclaimDeedInstructions.pdf for a quit claim (this is a California site but same concept). Notice no such clause re: death.

Customer:

It does state the Death of the Life Tenant

Customer:

Being my Mother

LegalGems :

The quit claim would not work to avoid estate recovery. The lady bird deed would, if properly drafted, prevent this.

LegalGems :

You may want to speak with an estate planning attorney (versus real estate) because there are many ways to avoid estate recovery.

Customer:

wellit staes jes an elder Issues Practice

LegalGems :

Sorry?

Customer:

and Estates and wills and trusts

LegalGems :

Yes, whereas a real estate attorney would not be familiar with that.

Customer:

the ? being is I looked at Both your Forms And they were different

Customer:

on your site

LegalGems :

Yes, one was a quitclaim deed; one was a Lady bird. I wanted you to be able to see the difference. My point is that the attorney's offer to simply change the title - that does not change the body of the deed.

Customer:

Well I can Cal HIm again But He is not friendly he calims hes very Busy

Customer:

I asked for the ladybird I got the quick claim Instead is the paper work expressly written Ladybird or just enhanced Life

LegalGems :

The paperwork would typically say Enhanced Life Estate Deed. Ladybird is just a nickname.

Customer:

Ok so if I call Him back I must State that I want the form for enhanced Life not jsut a Name Title change

LegalGems :

Yes, because they are 2 separate documents. That would be like using a lease agreement to sell a house- it won't work even if you change it from "Lease" to "purchase Contract".

Customer:

Ok well IMvery satisfied with your Information However I dont think I really want to talk with the Guy he thinks he Perry Mason

LegalGems :

You may want to email him - that will help if you decide to dispute this with your c/c company.

Customer:

It states its a quick Claim deed that which give my MOther Lifet endancy

Customer:

so your saying this is Not the right Form

LegalGems :

I've never heard of a quit claim deed that retains a life tenancy. That is the purpose of a lady bird.

Customer:

well this is Florida do you think its different? i dont see having this Documant if it does Not apply to my situation

LegalGems :

Florida is one of the few states that allow a Lady bird, so if that is what you are trying to accomplish, it should be with that form.

Customer:

Well thank you Very Much I guess maybe he will be in a Better Mood tomorrow. It 5:30 hr here

Customer:

Happy Hour

LegalGems :

Ha!

LegalGems :

Oh I see. Yes,then I would call/email him tomorrow.

Customer:

Ok I will rate you as excellent! If need be mayI contact "you" again

LegalGems :

Yes, just put TO LEGAL GEMS in front of the question and I'll respond as soon as I see it.

Customer:

Ok thanks youve been of great help

LegalGems :

You are welcome. Take care.

LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3204
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
LegalGems and other Estate Law Specialists are ready to help you
Expert:  LegalGems replied 8 months ago.
I hope you found the information I provided useful. I hope you are able to get the deed you need to effectuate your intent. I would urge you to meet with an estate planning attorney so they can go over your options.
Future requests can be labeled "TO LEGAL GEMS" followed by your question.

It would be appreciated if you complete the admin's survey - it's like our report card!

Thanks, and take care!

ps- Many thanks for the generous bonus-much appreciated!

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