Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
Lady Bird Deed vs. Lady Bird Trust: What's the Difference?
Lady Bird Deeds are not the same as a Lady Bird Trust.
"Lady Bird Trust" is not a legal instrument in Florida. The phrase shows up in online searches, but no Florida statute or deed form creates a "Lady Bird Trust."
People who use the phrase usually mean one of two things:
A Lady Bird deed, also called an enhanced life estate deed. This is a deed, not a trust. The owner keeps full control for life and names who receives the property at death.
A revocable living trust, which can hold real estate and other assets and is managed by a trustee under a written trust agreement.
A lady bird deed can cover one property or several properties in the same county, and each property is described in the deed. Owners with property in several counties need a deed recorded in each county.
For an owner whose main asset is a Florida home, a lady bird deed is usually simpler and less expensive than a trust. A trust may be a better fit for owners with several kinds of assets, minor beneficiaries, or a need for a trustee to manage property. See is a trust better than a lady bird deed.
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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