Deed Package Addendum (Trust Funding Deed)
$299 Flat Fee - 48 to 72-Hour Turnaround
The second deed that makes your trust work: a Warranty Deed to Trustee conveying your Florida property into your trust, with written Medicaid transfer-penalty counseling before anything is signed.
Get StartedWhat You Get
This is a companion service to the firm's Lady Bird Deed and Medicaid Irrevocable Trust services - not a standalone product. If your plan calls for real property to be owned by a trust, the trust document alone does not accomplish that. The property must be deeded to the trustee, and that conveyance has real Medicaid consequences that deserve counseling, not fine print.
The deed is drafted under Fla. Stat. §689.073, which protects third parties (like banks and title companies) dealing with your trustee. Before it is finalized, you receive a one-page, plain-English Transfer-Penalty Acknowledgment Letter explaining exactly what the transfer means for the Medicaid 60-month look-back - and you sign it, so the decision is informed and documented.
- Attorney review of your current deed and the trust instrument the property will be conveyed into
- Warranty Deed to Trustee prepared under Fla. Stat. §689.073, conveying the property to your named Trustee
- Homestead recital confirming continued ad valorem exemption eligibility where the trust preserves your possessory right, or an appropriate non-homestead recital
- Written transfer-penalty counseling: unlike a Lady Bird Deed, a present conveyance into a trust IS a completed transfer for Medicaid look-back purposes under 42 U.S.C. §1396p(c) unless the trust qualifies for an exemption - you receive and sign a plain-English acknowledgment before the deed is finalized
- Execution instructions meeting Fla. Stat. §689.01 and §695.26
How It Works
Upload Deed and Trust
Provide your current deed and the trust instrument the property will be conveyed into, plus trustee and homestead details.
Pay Flat Fee
Submit payment online for the $299 fee. Funds held in trust until your work is delivered.
Attorney Review and Counseling
An attorney reviews the trust and deed, prepares the conveyance, and provides written transfer-penalty counseling for your signature.
Receive and Record
Receive your execution-ready deed (Word and PDF) with signing and recording instructions in 48 to 72 hours.
What's Included
Deliverables
- Warranty Deed to Trustee, ready for execution (PDF and Word)
- Signed transfer-penalty acknowledgment letter
- Execution and recording instructions
Not Included
- Formation of the trust itself (see the Medicaid Irrevocable Trust service)
- Title search or title insurance
- Calculation of the specific penalty period that would result from the transfer (available as a separate planning consultation if the look-back is a live concern)
Related Services
Need the trust itself? See the Medicaid Irrevocable Trust. Want to keep lifetime control of the property instead? See the Enhanced Life Estate (Lady Bird) Deed. Browse the full catalog at Elder Law Services.
Frequently Asked Questions
What is a Trust Funding Deed?
It is a Warranty Deed to Trustee - a deed that conveys your real property into a trust so the trust actually owns it. A trust only protects assets that have been transferred into it; signing a trust without deeding the property in leaves the property outside the plan. This service prepares that second deed.
How is this different from a Lady Bird Deed?
A Lady Bird Deed keeps ownership with you for life and is not a completed transfer for Medicaid purposes. A Trust Funding Deed is the opposite: it is a present conveyance into a trust, which IS a completed transfer for Medicaid look-back purposes under 42 U.S.C. §1396p(c) unless the trust independently qualifies for an exemption. That is why this service includes written transfer-penalty counseling and a signed acknowledgment before the deed is finalized - timing matters if nursing home care may be needed within 60 months.
Will I lose my homestead exemption?
Not necessarily. If the property is your homestead and the trust preserves your lifetime right to occupy it, you can generally remain eligible for the ad valorem homestead exemption under Fla. Stat. §196.031 and §196.041. The deed is drafted with the appropriate homestead recital, and if you are married, spousal joinder under Article X, §4(c) of the Florida Constitution is included.
Do I need to have my trust formed first?
Yes. The deed conveys property to the trustee of an existing trust, so the trust instrument must exist and be uploaded at intake. If you are forming a Medicaid Irrevocable Trust with the firm, the two engagements are coordinated so the deed matches the trust exactly.
Ready to Fund Your Trust?
$299 flat fee. 48 to 72-hour turnaround. Pay online - funds held in trust until delivery.
Get StartedHave questions or a complex situation? Contact us for guidance.
Past results do not guarantee future outcomes. Florida law governs all engagements.