Florida Probate Education
Lady Bird Deed Florida
A Lady Bird Deed, also called an enhanced life estate deed, is one tool Florida homeowners may use to keep control of real estate during life while naming who receives it at death.
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What is a Lady Bird Deed?
A Lady Bird Deed is an informal name for an enhanced life estate deed. In general terms, the property owner keeps a life estate and retains broad control over the property, while naming a remainder beneficiary who may receive the property at the owner's death.
Unlike a traditional life estate deed, an enhanced life estate deed is commonly used to preserve the owner's ability to sell, mortgage, change beneficiaries, or revoke the transfer during the owner's lifetime.
Keep living in your home
The deed is designed to preserve the owner's right to possess and use the property during life.
Keep control while alive
The enhanced life estate language is intended to preserve important decision-making rights, including the ability to change the plan.
Plan around probate
When properly used, the named beneficiary may receive the property at death without that property passing through a separate Florida probate case.
Potential benefits
- You generally keep the right to live in and use the property during your lifetime.
- You generally keep control of the property, including the ability to sell or change the deed while you are alive.
- If properly prepared, signed, and recorded, the property can transfer to the named remainder beneficiary at death without a separate probate proceeding for that property.
Important considerations
- Florida homestead rules, spouse and minor-child restrictions, and title issues can affect whether this type of deed is appropriate.
- Mortgages, insurance, taxes, Medicaid planning, and family circumstances should be reviewed before choosing any deed strategy.
- A Lady Bird Deed is not the right fit for every property or every family. Legal advice should come from a licensed Florida attorney.
Free educational guide
Learn more about avoiding probate in Florida
Download the free Avoid Florida Probate Guide for plain-English education about Lady Bird Deeds, revocable living trusts, powers of attorney, healthcare directives, and other planning topics for Florida homeowners and families.
Florida Legal Docs is a non-attorney document preparation service and does not provide legal advice, legal representation, or recommend specific legal strategies. For advice about your circumstances, consult a licensed Florida attorney.
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