Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
What Is an Enhanced Life Estate Deed?
Also called a Lady Bird deed, it lets an owner name who receives real estate at death while keeping full control during life. It is designed to let the property pass without probate.
An Enhanced Life Estate Deed, commonly called a Lady Bird deed, lets a property owner name who receives real estate at death while keeping full control during life. It is designed to let the property pass without probate.
Key points about an enhanced life estate deed:
Ownership during life: the owner can live in the property, lease it, sell it, or mortgage it without asking the beneficiaries.
Beneficiary designation: the deed names one or more remainder beneficiaries, and can name backup beneficiaries if a first choice dies first.
Probate: at the owner's death, title can pass to the beneficiaries with a recorded death certificate instead of a probate case for that property.
Flexibility: unlike a traditional life estate deed, the owner can change beneficiaries or revoke the deed at any time without their consent.
Public record: the deed is recorded in the county official records, so its terms are public. What it avoids is the probate court file, not public recording.
State law: only a few states recognize these deeds, and the rules differ by state. A Florida deed applies only to Florida real estate.
For a married owner or an owner with a minor child, homestead rules in the Florida Constitution can limit who may receive the home. Those rules should be reviewed before the deed is signed.
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.
Related Lady Bird Deeds FAQs
- What Is Florida's Lady Bird Deed Law?
- What Is the Purpose of a Lady Bird Deed?
- What States Allow Lady Bird Deeds?
- Which States Recognize Lady Bird Deeds?
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