Lady Bird Deeds
Many Florida homeowners use a Lady Bird Deed—an enhanced life estate deed—to transfer property to loved ones without going through probate. This type of deed allows the owner to keep complete control of the property during their lifetime while ensuring it passes directly to a named beneficiary upon death. It’s a straightforward way to avoid court involvement and simplify the transfer process.
What Is a Lady Bird Deed?
A Lady Bird Deed, or enhanced life estate deed, is a legal document that allows a property owner to retain complete control of their real estate during their lifetime, including the right to sell or mortgage the property. Ownership transfers directly to the named beneficiary upon their death, bypassing probate entirely.
Pyle, Dellinger & Naylor, PLLC helps clients in Daytona Beach and nearby areas prepare Lady Bird Deeds as part of a broader estate planning strategy. The deed must be drafted carefully to ensure it meets Florida’s legal standards and protects the owner’s rights throughout their life.
Why Use a Lady Bird Deed?
Lady Bird Deeds offer several unique advantages that make them attractive to homeowners and families alike:
- Avoid Probate – The property passes directly to the beneficiary without court involvement.
- Retain Control – The owner maintains full rights to the property while living.
- Medicaid Protection – In Florida, the property is not considered a completed gift, which may help protect eligibility for Medicaid.
- Tax Benefits – Beneficiaries may receive a step-up in basis, potentially reducing capital gains tax if the property is sold after inheritance.
Clients in Florida often turn to this deed as a low-cost, effective tool to preserve control and privacy. To learn more about how we help implement these strategies, visit our estate planning page.
Is a Lady Bird Deed Right for Everyone?
While this tool works well for many, it’s not always appropriate, especially with multiple heirs or complex asset portfolios. There are also risks if a beneficiary dies before the property owner or if family disputes arise later.
It’s essential to weigh these risks with the guidance of an experienced legal team that can assess your full estate picture. Working with estate planning attorneys is often the best way to explore alternatives like revocable trusts or more comprehensive plans for clients with more layered concerns, such as long-term care, blended families, or tax planning.
How to Set Up a Lady Bird Deed in Florida
Establishing a Lady Bird Deed involves preparing a new deed that clearly outlines your retained rights and names the remainder beneficiaries. Once properly signed and recorded, the deed is enforceable under Florida law. However, errors in drafting or recording can invalidate the transfer and result in unintended probate.
At Pyle, Dellinger & Naylor, PLLC, we assist clients through every step, from evaluating whether the deed is right for them to ensuring it is appropriately recorded with the county.
Plan Ahead with Confidence
Using a Lady Bird Deed can efficiently preserve your home’s legacy and provide clarity for your loved ones. At Pyle, Dellinger & Naylor, PLLC, we work with individuals and families in Daytona Beach to build estate plans that offer simplicity, control, and peace of mind. Whether you’re just starting the process or ready to update an existing deed, our firm is here to assist. Contact us today to discuss how we can help protect your property and avoid unnecessary probate.
