Will a Lady bird protect your home from liability issues?
2 attorney answers
Generally, if a Ladybird Deed is done property and correctly then creditors will not be able to attach to the remainder interest in a ladybird deed because you can change that interest at any time during your life and remainderman doesn't own anything until your passing. If creditor liability is of concern and a real issue that potentially exists, you may want to consider speaking with an estate planning attorney and work on a revocable trust and or at least discuss your concerns and what protections exist in Florida as it relates to Homestead Property.
In general, if a property is your homestead in Florida, it has extremely strong protection against creditor claims and a remainderman interest is not a present possessory interest in land which can be attached by a creditor. The reality is you need to seek counsel from an experienced estate planning attorney regarding the specific facts of this matter and why you are concerned about remainderman's creditors. There may be much better options for ensuring that your property passes in accordance with your wishes. Estate planning is not a DIY project and those who rely on some random internet posting often find themselves with hugely adverse unintended consequences.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking, or failing to take, any action which may affect your future rights. Your local Legal Aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.