Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
Is a Trust Better Than a Lady Bird Deed?
It depends on the goal. A lady bird deed is a low cost way to pass real estate outside probate. A trust costs more but can manage many kinds of assets under detailed terms.
In Florida, revocable trusts and Lady Bird deeds (enhanced life estate deeds) are both common estate planning tools. They serve different purposes.
Lady Bird Deed
A Lady Bird deed is a low cost way to name who receives real estate at death so the property can pass without probate. The owner keeps full control for life and can sell or mortgage without the beneficiaries' consent. Florida Medicaid estate recovery is pursued through probate claims, so property passing outside probate may fall outside that process. The deed is a public record once recorded.
Revocable Trust
A revocable trust can hold real estate, bank accounts, investments, and other assets under one written plan. It can set detailed terms, such as staggered distributions or management for a minor or disabled beneficiary, and trust terms are usually not filed in public records. A trust costs more to set up, and every asset has to be retitled into it to work. Property in a revocable trust receives the same stepped-up basis at death as property under a lady bird deed.
Which Fits Better?
A lady bird deed may fit when:
The main goal is passing Florida real estate outside probate at a low cost.
The owner wants to keep full control of the property during life.
Medicaid planning for the home is a concern.
A trust may fit when:
The owner has several kinds of assets to manage and distribute.
Beneficiaries need someone to manage property for them.
Keeping the plan's terms out of public records matters.
The estate is large enough that federal estate tax planning is needed.
An attorney's expertise can help an owner compare both options, and a QuickDeeds attorney can discuss them during the consultation. Trust work is handled through Easler Law estate planning.
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
- Lady Bird Deed vs. Lady Bird Trust: What's the Difference?
- What Are the Advantages and Disadvantages of Lady Bird Deeds?
- What Are the Risks of DIY Lady Bird Deeds for Owners and Heirs?
- What Is a Florida Lady Bird Deed?
- What Is an Enhanced Life Estate Deed?
- What Is Florida's Lady Bird Deed Law?
- What Is the Purpose of a Lady Bird Deed?
- What States Allow Lady Bird Deeds?