Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
Does a Lady Bird Deed Supersede a Will?
Yes, in most cases. If a valid will and deed conflict, the deed controls for that property. Homestead rules can override it if the owner leaves a spouse or minor child.
Yes, in most cases. If a valid will and a valid lady bird deed conflict, the deed controls for the property it covers.
A lady bird deed is a present transfer of a future interest that the owner can take back at any time. The deed gives away the future right to the property on the day it is signed. If the owner does not revoke or change it before death, that interest passes to the named beneficiary automatically.
A will is a set of instructions for property still in the estate after death. Because the deed interest vests at the moment of death, nothing is left for the will to distribute for that property.
There are exceptions. When the property is the owner's Florida constitutional homestead and the owner leaves a spouse or minor child, the homestead rules can override the deed. A will and a lady bird deed should be reviewed together so they work as one plan.
Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.
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