Florida Lady Bird Deed Attorney
Explore whether a Florida enhanced life estate deed may fit your property and estate-planning goals. Tiffany can explain how the deed works, its limitations, and whether it is appropriate for your situation.
What Is a Lady Bird Deed in Florida?
A Lady Bird deed, also known as an enhanced life estate deed, is a type of Florida deed that may be used as part of an estate plan for real property that helps real estate avoid probate court.
The deed can allow the current owner to retain broad control over the property during life while naming one or more beneficiaries to receive the remaining interest after the owner's death. If done correctly, the property covered by a lady bird deed may be transferred to the beneficiaries that the current owner names without that property passing through probate court.
Whether a Lady Bird deed is appropriate depends on the property's ownership, the owner's family circumstances, the broader estate plan and other legal considerations.
When Might a Lady Bird Deed Be Considered?
A Lady Bird deed is an appropriate planning tool for a Florida property owner who wants to maintain control of real estate during life, all while planning how that property may pass at death outside of probate court.
The decision should not be based on the property alone. Current title, family circumstances, homestead status, mortgages or other liens, existing estate-planning documents and the owner's goals can all affect whether the deed is appropriate.
Tiffany can review these circumstances and explain whether a Lady Bird deed or another estate-planning option may best fit the client's goals.
Important Considerations Before Using a Lady Bird Deed
A Lady Bird deed is not appropriate for every property owner or every estate plan.
The deed applies only to the real property described in the document. It does not by itself address bank accounts, investments, personal property or other assets that may require separate planning.
Florida homestead rules, family circumstances, the way property is currently titled, mortgages or liens, tax considerations and Medicaid planning may also affect how a proposed transfer should be structured.
A deed should therefore be reviewed as part of the broader estate plan rather than treated as a stand-alone solution.
Lady Bird Deed vs. Revocable Living Trust
A Lady Bird deed and a revocable living trust can serve different roles in an estate plan.
A Lady Bird deed generally focuses on a particular piece of Florida real property. A revocable living trust may be used to coordinate multiple assets and provide broader instructions concerning how property is managed or distributed.
Some estate plans may use one of these tools, while others may use both.
The appropriate approach depends on the property involved, the client's goals, the client's beneficiary needs, other assets, family circumstances and the level of control or planning the client wants during life and after death.
How Tiffany Law Helps With Lady Bird Deeds
Tiffany Law helps Florida property owners understand whether a Lady Bird deed may fit their estate-planning goals.
Tiffany Oliver, Esq. can review the current deed, ownership structure, family circumstances, existing estate-planning documents and the client's goals before discussing the available options.
If a Lady Bird deed is appropriate, Tiffany can prepare the deed and explain the steps involved in executing and recording the document.
Clients work directly with Tiffany and receive clear explanations so they can understand how the proposed deed fits with the rest of their estate plan.
Tiffany also assists suitable out-of-state owners of Florida real property through convenient phone and video consultations.
Explore Related Florida Estate Planning Resources
A Lady Bird deed is only one possible estate-planning tool. Learn more about Florida estate planning and how different planning options may work together.
For a broader overview, read our Florida Lady Bird Deed guide.
Frequently Asked Questions About Florida Lady Bird Deeds
What is a Lady Bird deed in Florida?
A Lady Bird deed, also called an enhanced life estate deed, is a type of Florida deed that may allow a property owner to retain broad control of the property during life while naming beneficiaries to receive the remaining interest after the owner's death. Whether it is appropriate depends on the property and the owner's circumstances.
Can a Lady Bird deed help keep Florida property out of probate?
When a Lady Bird deed is properly prepared and effective for the property involved, the interest passing under the deed may be able to transfer to the named beneficiaries without that property passing through the owner's probate estate. The deed does not eliminate probate for other assets and is not appropriate in every situation, so speak with Tiffany regarding how other assets can be set up to skip probate court.
Can I sell or change the property after signing a Lady Bird deed?
Typically, yes. A properly drafted enhanced life estate deed is generally designed to preserve significant control for the current owner during life. The exact rights, however, depend on the deed, the ownership structure and the circumstances, so the document should be reviewed before a later sale, transfer or financing decision.
Is a Lady Bird deed better than a revocable living trust?
They serve different purposes. A Lady Bird deed generally addresses specific Florida real property, while a revocable living trust may coordinate a broader group of assets and provide more detailed management and distribution instructions. The appropriate option depends on the client's goals and overall estate plan.
What are some reasons a Lady Bird deed may not be appropriate?
The answer can depend on how the property is titled, family circumstances, homestead considerations, mortgages or liens, tax issues, Medicaid planning and the client's broader estate plan. Tiffany can review these factors before recommending a deed or another planning option.
Does a Lady Bird deed replace the need for a will or trust?
Not necessarily. A Lady Bird deed applies only to the property described in the deed. Other assets and estate-planning decisions may still need to be addressed through a will, trust, beneficiary designation or other planning document.
How do I get started with a Florida Lady Bird deed?
Schedule a free 30-minute consultation with Tiffany Law. Tiffany can review the general circumstances, discuss your property and estate-planning goals and explain whether a Lady Bird deed or another option may be appropriate.›
Considering a Florida Lady Bird Deed?
Speak directly with Tiffany Oliver, Esq., about your Florida property, your estate-planning goals and whether a Lady Bird deed may be appropriate for your circumstances.
Schedule your free 30-minute consultation to discuss enhanced life estate deed options and understand your potential next steps.
