A Lady Bird deed, otherwise known as an Enhanced Life Estate Deed, is one of Florida’s most useful estate-planning tools for homeowners. It lets you keep full control of your property while you’re alive and pass it to your heirs automatically when you pass away, without probate.
How a Lady Bird deed works
You, as the owner, execute a new deed to reserve an “enhanced” life estate. This means you can sell, mortgage, or change your mind about the property at any time — no one else’s permission required. You also name a “remainder” beneficiary who receives the property automatically at your death. More than one beneficiary can be named.
The benefits
- Avoids probate for your home.
- Retains full control during your lifetime.
- Preserves your homestead protections and, in many cases, the property-tax basis.
- Simple and inexpensive compared to some alternatives.
The limits to understand
A Lady Bird deed only covers the specific property it’s applied to — it isn’t a substitute for a complete estate plan. This means that if you buy another property, another Lady Bird Deed is required. It also needs to be coordinated carefully with your will or trust and with any co-owners so the results match your intentions.
Who should consider one
Lady Bird deeds are often a good fit for Florida homeowners who want a straightforward way to pass their home to their family while keeping full flexibility. Because the deed must be drafted precisely to be effective, it’s worth having an attorney prepare it. Contact Hochberger Law to see whether a Lady Bird deed fits your plan.
This article is general information about Florida law, not legal advice. Every situation is different — please consult a Florida attorney about your specific circumstances.