Trust Me, It’s Complicated: Estate Planning & Probate Made Simple22 Juni

016: Lady Bird Deeds Explained: What Florida Homeowners Need to Know Before Signing Anything

Lady bird deeds are one of the most searched estate planning tools in Florida, and one of the most misunderstood. In this episode, attorney John Marshall lays out exactly what a lady bird deed is, how it compares to a standard life estate, and why the distinction matters for anyone trying to keep their home out of probate.

John walks through the real benefits: probate avoidance, step-up in basis for heirs, Florida homestead protection, and why holding property in trust alone creates HELOC and refinancing problems that a lady bird deed avoids. He also pulls from actual cases where the tool backfired: missing beneficiaries, partition actions, and families locked in disputes over property no one can sell.

John Marshall has been drafting lady bird deeds since 2009. That experience comes through in every example.

The right tool only works when it fits the plan. This episode helps listeners make that call.

In this episode, you will hear:

What a lady bird deed actually is and how it differs from a standard life estate deed
Probate avoidance and step-up in basis for heirs, two of the tool's strongest benefits
Florida homestead law and why holding property directly in a trust can trigger HELOC and refinancing complications
The 2014 Aaronson v. Aaronson case and how it shifted the way Florida attorneys approach homestead property in trusts
Real cases where lady bird deeds backfired, including missing heirs, deceased beneficiaries, and partition actions that landed families in court
Why married couples lose tenants by the entirety protection when jointly owned property moves into a trust
Lady bird deeds as one tool in a thoughtfully built estate plan, not a substitute for one

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Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Avsnitt(20)

019: The Medicaid Five-Year Lookback Rule Explained: What Counts as a Gift

John Marshall opens this episode of Trust Me, It's Complicated by tackling a rule that trips up more families than almost any other part of Medicaid planning: the five year lookback. He explains why M...

3 Aug 22min

018: Can Medicaid Take Your House in Florida? Here's What the Law Actually Says

Attorney John Marshall tackles one of the most common questions he hears in his Central Florida office: can Medicaid take your house? Many new Florida residents arrive assuming state Medicaid rules mi...

20 Juli 40min

017: Will vs. Trust: Which One Actually Protects Your Estate?

Most people think a will and a trust do the same job. John Marshall explains why that assumption costs families time, money, and control over their own estate. In this episode, he breaks down the real...

6 Juli 44min

015: Estate Planning Myths That Could Cost Your Family Everything

Most people put off estate planning because they assume it doesn't apply to them yet. Too young. Not wealthy enough. Already owns everything jointly with a spouse. Attorney John Marshall has heard eve...

8 Juni 30min

014: Estate Planning Myths That Cost Florida Families Thousands (And How to Avoid Them)

Most Florida families have the estate planning conversation too late, and it costs them. In this episode, attorney John Marshall cuts through five of the most common estate planning myths, the ones th...

25 Maj 37min

Welcome to Trust Me, It’s Complicated

Trust Me, It’s Complicated is the estate planning podcast from Marshall Law where real families get real clarity—without the legal jargon. Attorney John Marshall breaks down estate planning, trust adm...

20 Maj 3min

013: Pet Trusts 101: How to Protect Your Pets After You're Gone

What happens to your pets when you're gone? In this episode of Trust Me, It's Complicated, attorney John Marshall breaks down the often-overlooked world of Pet Trusts — and why every animal lover need...

16 Mars 14min