Have you been looking for a way to leave your home to loved ones without giving up control while you're still living in it? A Lady Bird Deed—formally known as an Enhanced Life Estate Deed—might offer exactly what you need. This legal tool has become a popular option for Florida homeowners who want to avoid probate, preserve Medicaid eligibility, and keep their property plans simple and private.
In this blog, we’ll explore how Lady Bird Deeds in Florida work, how it differs from a traditional life estate, and whether it makes sense for your estate plan.
What Is a Lady Bird Deed?
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, allows you to transfer property to specific people—called remainder beneficiaries—who will automatically receive the property when you pass away. These beneficiaries don’t have any rights to the property while you’re alive, but they are named to receive it after your death.
It’s a type of life estate deed, but unlike a traditional life estate deed, it gives the life tenant—you—the power to:
Sell, lease, or mortgage the subject property without needing anyone else’s permission
Change your beneficiaries if your plans change
Cancel the deed if needed
The property only officially passes to your named beneficiaries upon your death, avoiding the delays and costs of the probate court.
How a Lady Bird Deed Works in Florida
In Florida, Lady Bird Deeds are often used for homestead property or non-homestead property to simplify inheritance without losing control.
Here’s how it typically works:
You, as the property owner, create a Lady Bird Deed naming yourself as the life estate holder and your loved ones as remainder beneficiaries.
You retain complete control over the property while you’re alive.
After the deed is recorded, you continue to own and control the property just as you always have.
The deed takes effect only upon your death, at which point the property passes directly to the people you've named—without the need for court approval or probate filings.
This type of deed is especially common among Florida homeowners who want to keep things simple for their families while preserving their rights during life.
Key Benefits of a Lady Bird Deed
A Florida Lady Bird Deed offers several advantages:
Avoid Probate: Because the deed includes automatic transfer language, the decedent’s probate estate does not include the property.
Maintain Control: You keep the right to sell, mortgage, or gift the property during your life.
Medicaid Planning: The home won’t be subject to Medicaid estate recovery in most cases, making this tool popular in Medicaid planning strategies.
Tax Advantages: There may be capital gains tax benefits for your beneficiaries, who can receive a stepped-up basis at your death.
Homestead Protection: You preserve your Florida homestead rights, including property tax caps and homestead exemption status.
Lady Bird Deed vs. Traditional Life Estate Deed
Feature | Lady Bird Deed (Enhanced Life Estate) | Traditional Life Estate Deed |
|---|---|---|
Owner control during life | Full control retained | No control without beneficiary consent |
Right to revoke deed | Yes | No |
Probate avoidance | Yes | Yes |
Flexibility to change beneficiaries | Yes | No |
A traditional life estate limits the life tenant’s ability to make decisions about the real property without involving those with a vested interest (your future beneficiaries). A Lady Bird Deed removes that restriction.
Does a Lady Bird Deed Affect Taxes?
While a Lady Bird Deed can come with some tax advantages, it’s important to be aware of potential issues:
Gift Tax: Naming a remainder beneficiary may trigger gift tax considerations. However, because the transfer isn’t completed until your death, the IRS often treats this differently from an outright gift.
Capital Gains Taxes: Beneficiaries typically receive a stepped-up basis in the property, potentially reducing capital gains taxes if they sell the home.
Property Taxes: Florida law generally protects your homestead property from reassessment under Florida’s Save Our Homes cap if your spouse or heirs maintain the homestead.
For personalized advice on tax consequences, consult with a Florida estate planning attorney or tax advisor.
What Property Can You Transfer with a Lady Bird Deed?
A Lady Bird Deed is typically used for:
Primary residence (homestead property)
Vacation homes
Non-homestead real property
The deed must include the formal legal description of the property, not just the street address. Title companies, including title insurance providers, typically require this level of detail to validate the property deed.
Are There Any Drawbacks?
Although the Lady Bird Deed is a powerful estate planning tool, it's not for everyone. Consider the following:
It may not fit well into a comprehensive estate plan if you have multiple properties, complex family dynamics, or concerns about unequal distribution.
Some title insurance companies may require additional steps or documentation after the owner’s death, such as a death certificate.
A second Lady Bird Deed can’t be used to amend the first one—you would need to record a new deed to make changes.
Is a Lady Bird Deed Right for You?
A Lady Bird Deed may be a good fit if you’re a Florida homeowner who wants to keep control of your property but also cares about what happens to it after you're gone. This approach works well for:
Seniors with adult children who plan to inherit the home
Homeowners preparing for possible long-term care or Medicaid eligibility
Individuals with relatively straightforward estates who want to avoid setting up a trust
However, if your estate involves multiple properties, unequal distributions, or blended families, a different strategy may be more appropriate.
Explore Whether a Lady Bird Deed Belongs in Your Estate Plan
A Lady Bird Deed can be a powerful way to transfer your property without giving up control or triggering probate—but it’s not the right fit for everyone. The key is making sure it works with your broader estate planning goals.
At Denise Jomarron Legal Group, we focus on building clear, customized estate plans that reflect your wishes and protect what matters most. Whether you’re looking to transfer your homestead, minimize the impact of probate, or plan for long-term care needs, we’ll guide you through your options with care and clarity.
Your online search for a “Lady Bird Deed attorney near me” or “Miami, FL estate planning attorney” brought you to this blog. If you're considering a Lady Bird Deed or want to learn how it fits into your full estate plan, call us or fill out our confidential online form to schedule your consultation. We’ll help you take the next step with confidence.
At Denise Jomarron Legal Group, we are dedicated to understanding your needs, the needs of your family, and explaining what actions we can take on your behalf. We will work with you every step of the way to make certain you are satisfied and confident about your future.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Denise Jomarron Legal Group
4300 Biscayne Blvd., Suite 305
Miami, FL 33137-3255
https://djlegalgroup.com