Understanding Lady Bird Deeds

Your home is more than just four walls and a roof. It’s where your life happens. It’s where you have celebrated milestones, raised a family, or built a future. But what happens to your home when you are gone?

If you are like most people, you don’t want your loved ones stuck in a long, expensive probate process. You want them to inherit your home easily, without courts, legal headaches, or unnecessary taxes. A lady bird deed helps you do exactly that.

At Lappin Estate Planning, we help families secure their legacies with lady bird deeds and various other estate planning tools.

If you’d like to know if a lady bird is the right tool for your comprehensive estate plan, reach out today. Call us at 561.778.8590 or submit a contact us form to schedule a consultation.

What Is a Lady Bird Deed?

Also known as an enhanced life estate deed, a lady bird deed is a special type of real estate transfer. It allows you to name a beneficiary who will inherit your property automatically when you pass away. The best part? You still own your home and can do whatever you want with it:

sell it;
mortgage it; or
even change your mind and revoke the lady bird deed entirely.

This makes lady bird deeds an excellent legal instrument for estate planning, especially for homeowners who want to keep things simple for their heirs while protecting their own interests.

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Your legacy is your story, your hard work, and your loved ones’ future. We make estate planning simple, personal, and built around what matters most to you. Our lawyer is here to help you create a clear plan that gives you confidence today and security for tomorrow.

How Lady Bird Deeds Work

A lady bird deed is like a safety net for your home. Here’s how it works in simple terms:

You stay in charge – You own your home just like you always have. You can live in it, rent it out, sell it, or even take out a mortgage. Nothing changes unless you decide to change it.
You name a beneficiary – This could be a family member or friend. They don’t own the property yet, but their inheritance is lined up for the future.
You can change your mind anytime – A lady bird deed doesn’t lock you in. You can remove a beneficiary, add a new one, or cancel the lady bird deed altogether without needing anyone’s permission.
Your home transfers automatically – When you pass away, your home instantly belongs to your chosen beneficiary without the delays and costs of probate. The county records the transfer, and that’s it. No probate court, no extra paperwork.

So, the bottom line is this: With a lady bird deed, you get the best of both worlds—you keep total control of your home now while ensuring a hassle-free inheritance for your loved ones later.

Advantages and Disadvantages of Lady Bird Deeds

Like any estate planning tool, a lady bird deed has pros and cons. Let’s break them down so you can decide if it’s the right fit for you.

The benefits include:

Probate avoidance: When you pass away, your home automatically transfers to your beneficiary, which means it can bypass probate.
You stay in complete control: A lady bird deed lets you keep full ownership of your home while you’re alive.
Maintains homestead exemption: If your home qualifies for property tax exemptions (like a homestead exemption), you won’t lose those benefits.
Avoids gift tax issues: Because you don’t officially transfer ownership while you’re alive, you don’t trigger federal gift taxes.

The potential downsides include:

Doesn’t work well with a Living Trust plan: A Living Trust is a far better estate planning option than a lady bird deed. If one has a Living Trust, the property should be titled jointly with his or her spouse or to the Living Trust if the individual is unmarried.
Limited to real estate: A lady bird deed only applies to the home or property owned by you. If you have other assets, you, will need a Will or Trust.
Possible title insurance issues: Some title insurance companies don’t like lady bird deeds because they create uncertainty about ownership. If you plan to sell or refinance your home, make sure your lender is on board.
No protection from creditors while alive: If you owe debts, creditors can still place liens on your home while you are alive, even if you have named a future beneficiary.

Not sure what’s best for your situation? Let’s talk. At Lappin Estate Planning, we will walk you through your options and help you make the best choice for your future.

How Lady Bird Deed Can Help work with the Homestead Exemption?

In Florida one of the biggest fears a property owner has is losing homestead exemption. However, properly creating a lady bird deed will not destroy a homestead exemption.

Creating and Changing a Lady Bird Deed

To make sure your lady bird deed works exactly as intended, it has to be created and recorded correctly. Here’s how to do it:

Record the deed – Failing to record the deed may create title issues and generate unnecessary disputes.

Choose your beneficiary – This is the person (or people) who will inherit your home when you pass. You can name a single heir or multiple people. Some even choose a trust as the beneficiary (although it’s better to title the property to a trust if the property will be left in trust).

Draft the lady bird deed – The legal document must include specific language that ensures you retain control over the property while granting a future interest to your beneficiary. A properly written Florida lady bird deed should clearly state that you can sell, refinance, or revoke the deed at any time.

Sign and notarize – The lady bird deed needs to be signed in front of a notary public and two witnesses.

Can You Change a Florida Lady Bird Deed?

One of the biggest perks of a lady bird deed is the flexibility it offers. Life changes, and so can your estate plan. Unlike standard life estate deeds, an enhanced life estate deed does not permanently lock in your decision.

Need to update your beneficiary? You can create a new lady bird deed naming someone else.
Decided to sell or refinance your home? No problem! You don’t need the beneficiary’s permission.
Want to cancel the deed entirely? You can revoke it at any time with a new deed.

Since you retain full ownership of the property while you are alive, you never need your beneficiary’s approval to make changes. This means you retain control, no matter what.

Plan Your Lady Bird Deed With Us

At Lappin Estate Planning, we strive to make the legal process of creating a lady bird deed as clear and simple as possible. We don’t just fill out forms. We take the time to understand your goals and guide you through every step of the way.

Whether you are looking to create a new lady bird deed, update an existing one, or explore other estate planning options, we are here to help.

Every situation is unique, which is why we tailor our approach to fit your specific needs. We ensure that your Florida lady bird deed works exactly the way you intend, giving you complete flexibility.

If you are ready to get started on your lady bird deed, reach out to us today. Call at 561.778.8590 or contact us online via our website to set up a consultation.

Frequently Asked Questions About Lady Bird Deeds

It’s a way to transfer property to someone else outside of the probate process while retaining life estate interest in the property.

Technically, yes, you can. But estate planning is about getting things right the first time, and small mistakes can lead to big problems later. A poorly drafted lady bird deed could create ownership confusion, title issues, or even an invalid transfer after you pass. Working with an estate planning attorney ensures your deed is legally sound and does exactly what you intend.

The cost varies by state and county. In Florida, filing fees typically range from $30 to $50, depending on the property’s location. However, the real cost comes from drafting the lady bird deed—which can range from six hundred to a thousand dollars, depending on your case’s details.

A lady bird deed must include the current property owner’s name (grantor), a statement that the owner will retain control during their lifetime, the name of the beneficiary who will receive the property after the owner’s passing, and a formal legal description of the property (not just the address). The document must also have proper signatures and notarization and comply with witness requirements. If the deed involves a homestead property, it should contain a homestead provision.

In Florida, a lady bird deed allows property owners to pass their home to a designated beneficiary without going through probate after the owner’s death. Plus, it maintains the homestead exemption, helping homeowners lock-in their property tax rate.

Technically no but failing to record a lady bird deed is a big mistake. Recording the deed also makes it clear who will inherit the property, preventing disputes later.

Yes. That’s one of its best features. Since the homeowner retains full control, they can revoke, update, or change the deed at any time without needing approval from the beneficiary. This flexibility makes it different from other transfer methods, like traditional life estate deeds.

It’s not required, but it’s a good idea in most cases. Estate planning laws can be too confusing to understand, and even a small mistake in wording could cause legal trouble later. An estate planning attorney ensures that the deed is drafted correctly, properly recorded, and legally enforceable, avoiding problems for you and your heirs.

An attorney can:

Provide guidance on taxes, homestead exemptions, and title issues.
Ensure the deed is valid and follows state laws.
Help you choose the right estate planning strategy (a lady bird deed may not always be the best choice).

If you have homeowners insurance, nothing should change while you are alive. Since you retain full ownership, you are still responsible for insurance payments, claims, and coverage. After you pass, your designated beneficiary will need to update the policy in their name. If they plan to sell the property, title insurance may be required to prove the property transfer was handled correctly.

Yes, a lady bird deed can be used for rental or investment properties, but there are a few things to consider. If your rental property is held under an LLC or another legal entity, a lady bird deed may not be the best option. Also, some title insurance companies or lenders may have restrictions on using lady bird deeds for investment properties.

Contact Us

Your future needs a plan—one that makes the most sense for your unique situation. At Lappin Estate Planning, we’re here to guide you through every step, from wills and trusts to asset protection and probate matters. Let’s build a strategy that fits your needs. Contact us today to start planning.