Do you need a new deed to your home when your spouse passes away?

Attorney Tom Olsen: Wayne, you're on WDBO, go ahead.

Wayne: Yes, I've got a question about the Lady Bird deed.

Attorney Tom Olsen: All right.

Wayne: When we bought our home in 2003, my wife and I were on the deed. Now my wife is since deceased and I wonder if one, I have to take her off and if two, can I put both of my sons on there on the Lady Bird deed or just one?

Attorney Tom Olsen: Okay, so Wayne, we're going to pop you down and while we do that if you'd turn down the radio in the background, we'd appreciate it. First of all, Wayne, like a lot of people, owned his home jointly with his wife. His wife has passed away. People often call us, "Do I need a new deed?" The answer is no. What you do, Wayne, is you record a certified copy of your wife's death certificate in the county where your home is located, and that old deed that's in both your names together with her death certificate will clear the title and tell the world that you are now the sole owner of that home, Wayne.

By the way, when you do that, we talked about homestead exemption, real estate tax savings purposes. When your spouse passes away, you're entitled to an additional widow or widower's exemption of 500 bucks. You may want to apply for that, Wayne. They'll just want to see a copy of her death certificate. Your next question is a Lady Bird deed. Wayne, that is a deed that we love to use to avoid probate on your real estate, whether it's your home or rental property or commercial property or a beach condo. Even if you've got a mortgage on it, a Ladybird deed is a great tool to avoid probate or on your real estate here in Florida.

Wayne, you have you told me two children. You asked me, do you have to do it just one or can you do it to both? Wayne, you could do it to as many people as you want to. No matter how many kids you have, we can leave it to them all. You think we answered Wayne's question, Chrissy?

Attorney Chris Merrill: We have and I think that's perfect, but I would also add to what you're saying is when a spouse passes away, exactly what you said, they do not have to do a new deed. However, what we want to educate people about is that that is a reason to think about doing a new deed, meaning the Lady Bird deed. Why? Because if one spouse has passed away, now it means it is in your name only. Even though their name is on there, and you do not have to do a new deed, if you do do a Lady Bird deed, now it means when you pass away, there will not be probate.

It will be easy for your children and they will receive it upon your death and exactly like you said, Tom, however many kids you have, you can leave it to all of those kids in this Lady Bird deed. That would be a reason to consider doing a new deed after somebody passes away.

Attorney Tom Olsen: Excellent point. Let's bring Wayne back up. Wayne, have we answered your question for you?

Wayne: Yes, sir. You've given me some great information and I will move forward on that.

Attorney Tom Olsen: Okay. Wayne, we have a free booklet available to you or any of our listeners, and it's a free booklet on Lady Bird deeds and easy ways to avoid probate. If you want to call our office next week, or actually today, you can ask for those free booklets and we'll mail them to you. By the way, when we mail those, you now get two sweet treats when the envelopes that come with your booklets, one for you and one to share.

Attorney Chris Merrill: Exactly.