Florida Lady Bird Deed Attorney
A Lady Bird Deed — formally called an Enhanced Life Estate Deed — is a powerful Florida estate planning tool that allows you to pass real property to your heirs automatically upon your death, while retaining complete control of the property during your lifetime. It avoids probate, preserves your Medicaid eligibility, and keeps your homestead exemption intact.
How a Lady Bird Deed Works
With a Lady Bird Deed, you (the grantor) retain a life estate with enhanced rights — meaning you keep the right to sell, mortgage, lease, or otherwise deal with the property without the consent of your beneficiaries. At your death, title passes automatically to the named remainder beneficiaries without going through probate. Florida is one of only a handful of states that recognizes this type of deed.
Probate Avoidance & Medicaid Planning
Because the property transfers by operation of law at death, it bypasses the Florida probate process entirely. This saves time, cost, and keeps the transfer private. Additionally, Florida's Medicaid rules treat a Lady Bird Deed favorably — the property is generally not counted as an available asset for Medicaid eligibility during your lifetime, and Florida Medicaid cannot seek reimbursement from the property after your death if a Lady Bird Deed is properly structured.
Homestead Exemption & Step-Up in Basis
Your homestead exemption continues during your lifetime with a Lady Bird Deed. Your beneficiaries also receive a stepped-up income tax basis in the property at your death, potentially eliminating significant capital gains taxes if they later sell. Attorney Lemon reviews the tax implications as part of every Lady Bird Deed engagement.
Frequently Asked Questions
Can I change my mind after recording a Lady Bird Deed?
Yes. Because you retain enhanced life estate rights, you can revoke or change the deed, sell the property, or name different beneficiaries at any time without their consent. This flexibility is one of the key advantages over a traditional life estate deed.
Do my beneficiaries need to sign the Lady Bird Deed?
No. The remainder beneficiaries do not need to sign or even be informed of the deed during your lifetime. You retain full control. Attorney Lemon drafts the deed to be recorded in the county where the property is located.
Is a Lady Bird Deed recognized in all Florida counties?
Yes. Lady Bird Deeds are valid throughout Florida and are commonly used in estate planning statewide. They must be properly drafted and recorded to be effective — which is why having an attorney prepare the document is essential.
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