Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
How Does a Lady Bird Deed Work in Florida?
The owner keeps full control for life, including the right to sell, mortgage, or change the beneficiary. At death, the property is designed to pass to the named beneficiary without probate.
A Lady Bird Deed, also called an Enhanced Life Estate Deed, is recognized in Florida. Property owners use it to name who receives their property at death while keeping their rights during life.
The owner keeps a life estate with "enhanced" powers. That means the owner can live in, use, sell, mortgage, or lease the property without the beneficiary's consent.
Unlike a traditional life estate, a Lady Bird Deed also lets the owner change the beneficiary or revoke the deed altogether. At the owner's death, the property is designed to pass to the named beneficiary without probate. Because the property is still part of the owner's estate for tax purposes, the beneficiary generally receives a stepped-up basis to fair market value at death, which can lower capital gains tax on a later sale.
Under current Florida Medicaid rules, signing a lady bird deed does not start the look-back period, and the owner can keep living in the home. Medicaid rules change, so long-term care planning should be reviewed with an attorney.
A Florida lady bird deed has to use specific wording and be signed before two witnesses and a notary to be valid.
QuickDeeds attorneys hold a 15 minute consultation and then prepare the lady bird deed, all for a $350 flat fee. Recording fees, any documentary stamp tax, and optional notary and eRecording are separate.
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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