Lady Bird Deeds in Florida

A Lady Bird Deed, also called an Enhanced Life Estate Deed, is a type of property deed that lets you keep full control of your real estate during your lifetime while naming who will receive it automatically at your death—without going through probate.

With a Lady Bird Deed, you can:

• Sell, mortgage, or change the property without the remainder beneficiaries’ consent.
• Avoid probate for that property after your death.
• Retain the right to change your mind at any time.

How a Lady Bird Deed Works

When you sign a Lady Bird Deed, you transfer your property to yourself for life, with a remainder interest to the person(s) or trust you choose. Upon your death, the property passes directly to the named remainder beneficiary.

Benefits

• Probate Avoidance: The property transfers automatically at death, bypassing the court process.
• Control: You can still sell or refinance the property without involving the beneficiary.
• Medicaid Planning: In some cases, it may help protect the property from certain Medicaid recovery claims.

Limitations

Lady Bird Deeds are not suitable for every situation:

• They only apply to the property named in the deed. Other assets still require planning.
• They can create complications if multiple beneficiaries are named or if a beneficiary dies before you.
• They may not provide the same flexibility or protection as a revocable living trust.
• They are not a substitute for a comprehensive estate plan.

For many people, Lady Bird Deeds are used alongside a trust, ensuring that other assets are properly coordinated and avoiding probate for the entire estate—not just the property covered by the deed.