Can you change a life estate deed in Florida?

Yes, a life estate deed can be changed as long as all parties to the deed join in the modification. For an enhanced life estate deed, the life tenant may change the deed with or without the consent of the other parties to the deed.

What is a life estate deed?

A life estate deed is a real estate document which creates a real property interest called a “life estate.” If a person has a life estate in a parcel of real estate, then that person has the ability to use that parcel for the rest of his or her life. The person with a life estate is called the “life tenant.” After the life tenant dies, the property automatically transfers to another person (or people). The person who receives the property after the life tenant dies is called a “remainderman.” If there is more than one remainderman, then we call them “remaindermen.” Both the life tenant and the remaindermen have an interest in the real property.

Sometimes, a person will create a life estate using an enhanced life estate deed, also called a lady bird deed. If an enhanced life estate deed is used, then the life tenant has the ability to divest the interest of the remaindermen by issuing a new deed. Put differently, the life tenant may terminate the remaindermen’s interest in the property. This is the enhancement of the enhanced life estate deed. With a regular life estate deed, the life tenant has no such ability to divest the remaindermen.

How do you change a life estate deed?

If an enhanced life estate deed (or lady bird deed) was used to create the life estate, then the life tenant can issue a new deed which changes the real estate interests described in the old deed. That new deed will then be the current deed for the property. Because of the nature of an enhanced life estate deed, the life tenant can make this change without the consent, joinder, or knowledge of the remaindermen. The deed must simply executed by the life tenant in a manner which complies with Florida law.

If a regular (not enhanced) life estate deed was used to create the life estate, then each party is only able to convey his or her property interest. Thus, the life tenant could convey his or her life estate to somebody else, but that interest will still terminate when the initial life tenant dies. Similarly, the remaindermen can convey their remainder interests to someone else, but those interests will not grant the ability to use the property until the life tenant dies. Therefore, to modify /convey the entire property ownership, all parties to the original life estate deed (both the life tenant and all remaindermen) would need to sign a new deed. If all parties agree, they can make whatever modifications they desire.

Can a life estate deed be changed after the life tenant dies?

Yes, you can change the ownership of the property after a life tenant dies, but only if you obtain the consent of the property owners. Typically, you will want the cooperation of every person listed on the deed as a remainderman. If one of the remaindermen has passed away, then you may need to open a probate to deal with that person’s interest. In some cases, you may be able to resolve an ownership issue through a quiet title action.