Lady Bird Deeds in Florida: Enhanced Life Estate Deed FAQ
A Lady Bird Deed (Enhanced Life Estate Deed) allows you to avoid probate while keeping complete control of your property during your lifetime. This powerful estate planning tool transfers property automatically to your beneficiaries at death without court involvement.
What Is a Lady Bird Deed?
You keep complete control during your lifetime:
- Sell, mortgage, or refinance without beneficiary consent
- Lease the property and collect rent
- Revoke or change beneficiaries anytime
- Maintain all homestead protections
Automatic transfer at death:
- Property passes directly to named remaindermen
- No probate court required
- No delays or public proceedings
Key Benefits
Probate Avoidance - No court fees, delays, or public record
Complete Control - Unlike traditional life estates, you can sell or modify anytime
Medicaid Planning - No transfer penalty, no five-year lookback triggered
Homestead Protection - Maintains tax exemptions and creditor protections
Cost Effective - Simpler than creating and funding a trust for single properties
Lady Bird Deed vs. Revocable Living Trust
Lady Bird Deed:
- Best for single Florida property
- Lower cost, simpler process
- Maintains clear homestead status
- Cannot hold multiple asset types
Revocable Living Trust:
- Holds multiple properties and assets
- Better for out-of-state real estate
- Comprehensive incapacity planning
- More privacy and flexibility
Many use both strategies together.
Common Questions
Can I change my mind? Yes. Fully revocable anytime during your life.
Does it affect my mortgage? No. You retain all ownership rights.
Will I lose homestead exemption? No. All benefits remain intact.
Are there gift taxes? No. Transfer occurs at death, not during lifetime.
What about existing mortgages? Property transfers subject to liens. Beneficiaries handle the mortgage.
When Lady Bird Deeds Work Well
- Avoiding probate on Florida real property
- Medicaid planning for long-term care
- Simple beneficiary intentions
- Homestead preservation
- Single property estate planning
When They May NOT Be Appropriate
While Lady Bird Deeds may seem easier and more cost-effective, they are not appropriate in every circumstance:
- Complex family situations or blended families
- Multiple properties across several counties
- Out-of-state real estate holdings
- Minor children (Florida homestead restrictions apply)
- Beneficiaries needing special needs trusts
- Significant creditor or asset protection concerns
- Need for professional trust management
- Married homeowners with constitutional homestead issues
Critical Requirements
Must include:
- Specific "enhanced powers" language reserving your rights
- Proper execution: signature, two witnesses, notary
- Recording in the county where property located
- Compliance with Florida homestead laws (Article X, Section 4)
Common mistakes:
- Generic forms creating standard life estates
- Improper homestead provisions
- Conflicts with other estate documents
- Recording errors
Complete Estate Plan Coordination
A Lady Bird Deed only addresses real property. You also need:
- Last Will and Testament
- Durable Power of Attorney
- Healthcare Surrogate Designation
- Living Will
Statewide Florida Services
We serve clients throughout Florida, including Vero Beach, Fort Lauderdale, Miami, Tampa, Jacksonville, and surrounding areas.
Is a Lady Bird Deed Right for You?
Professional evaluation is essential. Your family situation, assets, goals, and Florida homestead law compliance must be carefully analyzed. The wrong choice can result in failed probate avoidance, family disputes, or unintended consequences.
Schedule Your Free Estate Planning Consultation
Call us now to schedule your free consultation and determine whether a Lady Bird Deed is appropriate for your unique circumstances.
We'll review your situation, explain all options, and ensure you make the right choice for your family.
Contact our Vero Beach office today - serving clients throughout Florida with comprehensive estate planning services.
