Florida Lady Bird Deeds: The Complete Guide for 2025
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If you’re a Florida homeowner planning your estate, you may have heard of a Lady Bird Deed—a unique legal tool that offers significant advantages for asset transfer. This blog will walk you through everything you need to know about Lady Bird Deeds in Florida, including their benefits, how they work, and why they’re increasingly popular in estate planning.
What Is a Lady Bird Deed?
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a special type of deed that allows property owners to transfer their real estate to beneficiaries upon their death, without the need for probate. Unlike a traditional life estate deed, a Lady Bird Deed gives the original owner (grantor) the flexibility to:
- Retain full ownership during their lifetime.
- Sell, refinance, or even revoke the deed without the beneficiary’s consent.
Named after Lady Bird Johnson, the wife of former U.S. President Lyndon B. Johnson, this tool is especially useful in Florida because it avoids probate—a legal process that can be time-consuming and costly.
Benefits of a Lady Bird Deed in Florida
- Avoids Probate
- With a Lady Bird Deed, your property transfers directly to your beneficiaries upon your death, bypassing the probate process.
- Maintains Full Control
- Unlike traditional life estate deeds, you can sell, mortgage, or lease your property during your lifetime without needing approval from your beneficiaries.
- Preserves Medicaid Benefits
- Florida law protects properties under Lady Bird Deeds from Medicaid estate recovery, meaning the state cannot claim the property to recover Medicaid expenses after your death.
- Simple and Cost-Effective
- Creating a Lady Bird Deed is typically less expensive and faster than establishing a trust, making it an accessible option for many homeowners.
- Avoids Gift Taxes
- Since the property doesn’t transfer ownership until your death, you avoid triggering gift taxes during your lifetime.
- Retains Homestead Exemptions
- In Florida, Lady Bird Deeds allow you to maintain homestead tax exemptions, keeping your property taxes low.
How Does a Lady Bird Deed Work?
Here’s a step-by-step breakdown of how a Lady Bird Deed operates:
- Drafting the Deed
- A Florida attorney drafts the deed, naming the current owner as the life tenant and designating a beneficiary (or beneficiaries) to inherit the property.
- Ownership During Lifetime
- The grantor retains full control of the property, including the right to sell or refinance it, with no obligation to consult the beneficiaries.
- Death of the Grantor
- Upon the grantor’s death, ownership automatically transfers to the named beneficiaries, bypassing probate.
- Recording the Deed
- The deed is recorded with the county clerk to ensure it’s legally enforceable.
Who Should Consider a Lady Bird Deed?
A Lady Bird Deed may be an ideal option for you if:
- You want to avoid probate and simplify the transfer of your property to your heirs.
- You want to retain full control of your property during your lifetime.
- You are concerned about Medicaid estate recovery and wish to protect your assets.
- You prefer a cost-effective alternative to setting up a trust for your real estate.
Steps to Create a Lady Bird Deed in Florida
- Consult an Attorney
- Work with the experienced legal team at The Closing Agent Powered by Barry Miller Law to ensure your deed complies with Florida laws.
- Identify Beneficiaries
- Choose the individuals or entities who will inherit your property upon your death.
- Draft the Deed
- Include the necessary legal language to create an enhanced life estate. The deed should specify that the grantor retains full rights during their lifetime.
- Record the Deed
- File the deed with the Clerk of the Court in the county where the property is located.
- Maintain Your Rights
- Remember, you retain the right to change or revoke the deed during your lifetime.
FAQs About Lady Bird Deeds in Florida
Q: Does a Lady Bird Deed affect my property taxes?
A: No, you can retain your Florida homestead exemptions, which help lower your property taxes.
Q: Can I revoke or change a Lady Bird Deed?
A: Yes, one of the key benefits is that you retain the right to revoke or amend the deed during your lifetime.
Q: Does a Lady Bird Deed protect my property from creditors?
A: While it avoids probate and Medicaid estate recovery, it may not protect your property from creditors during your lifetime.
Q: How is this different from a traditional life estate deed?
A: A Lady Bird Deed allows you to maintain full control of the property, while a traditional life estate deed requires beneficiary approval for any changes.
Why Work with The Closing Agent Powered by Barry Miller Law?
At The Closing Agent Powered by Barry Miller Law, our team combines decades of real estate expertise with a dedicated legal staff to provide unparalleled service. Whether you’re creating a Lady Bird Deed or exploring other estate planning tools, we ensure your plans are legally sound and aligned with your goals. Here’s why homeowners trust us:
- Expert Legal Team: Our in-house attorneys specialize in Florida real estate law and estate planning.
- Proven Experience: Over 35 years of helping Florida homeowners with title, deed preparation, and estate planning.
- Comprehensive Support: From drafting deeds to managing the recording process, we handle all the details.
- Personalized Service: We work closely with you to tailor solutions that meet your specific needs.
Contact The Closing Agent Powered by Barry Miller Law Today
Ready to explore how a Lady Bird Deed can benefit you? Contact The Closing Agent Powered by Barry Miller Law today for a consultation. Our team of real estate and legal professionals is here to simplify the process, protect your property, and help you make informed decisions for your estate planning.
Don’t leave your legacy to chance—let us help you secure your future.
