Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
What Is Florida's Lady Bird Deed Law?
No single statute creates the Lady Bird deed. It grew from Florida case law and title practice. Owners keep control for life, and the property is designed to pass at death without probate.
The "Lady Bird" deed, or enhanced life estate deed, is a deed Florida property owners use to pass real estate at death while keeping control during life. The nickname comes from teaching examples used by Florida attorney Jerome Ira Solkoff in the early 1980s, not from Lady Bird Johnson's own estate plan. No single statute creates it. It grew from Florida case law and title practice, and Florida statutes such as section 732.4015 now refer to it by name.
Key Features:
Retained control: the owner keeps full control for life, including the right to sell or mortgage without the remainder beneficiary's consent.
Probate planning: at the owner's death, the property is designed to pass to the remainder beneficiary without probate.
Medicaid planning: Florida Medicaid estate recovery is a claim against the probate estate. Because the property passes outside probate, it may fall outside that recovery. Each case should be reviewed, since rules can change.
Tax basis: the remainder beneficiary generally receives a stepped-up basis to fair market value at the owner's death, which can reduce capital gains tax on a later sale.
Flexibility: the owner can change beneficiaries or revoke the deed at any time.
How It Works:
Creating the deed: the owner signs a deed keeping an enhanced life estate and naming the remainder beneficiaries. Florida requires two witnesses and a notary.
Recording: the deed is recorded with the clerk of court in the county where the property is located, making it a public record.
During life: the owner keeps all rights to use and control the property.
At death: the beneficiaries record a death certificate and title passes to them.
A Lady Bird deed that uses the wrong wording can create a traditional life estate instead, so attorney preparation is recommended.
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 the Purpose of a Lady Bird Deed?
- What States Allow Lady Bird Deeds?
- Which States Recognize Lady Bird Deeds?
- Why Do They Call It a Lady Bird Deed?
- Why Is Legal Expertise Important in Lady Bird Deed Prep?
- Why Should People Not Prepare Their Own Lady Bird Deeds?
- Can a Lady Bird Deed Be Changed in Florida?
- Can a Lady Bird Deed Be Revoked in Florida?