Avoid Probate While Retaining Control of Your Property
At St. Johns Law Group, our experienced estate planning attorneys help Florida property owners use Enhanced Life Estate Deeds—also known as Lady Bird Deeds—to transfer real estate to loved ones while retaining full rights during their lifetime. This powerful tool allows you to avoid probate, maintain control, and preserve flexibility, all without the complexity of a trust.
A Team of 12 Attorneys with Over 250 Years of Combined Experience
Whether you’re planning for the future or assisting a loved one with their estate, we provide clear, practical advice tailored to your goals.
An Enhanced Life Estate Deed is a special type of deed under Florida law that allows a property owner (the life tenant) to:
Retain full rights to live in, sell, or mortgage the property during their lifetime
Automatically transfer the property to named beneficiaries (remaindermen) upon death
Avoid the probate process entirely for that piece of real estate
Unlike a traditional life estate, the enhanced version gives the original owner full control and flexibility. The remaindermen have no rights during the owner’s lifetime.
Avoid Probate: Property transfers automatically at death, saving time and costs.
Maintain Full Control: You retain the right to sell, lease, or mortgage the property without beneficiary consent.
Medicaid Planning Friendly: Properly structured, it may not count as a completed gift and can support Medicaid eligibility strategies.
Revocable: You can change your mind by creating a new deed if your circumstances or wishes change.
Simple and Cost-Effective: Compared to a living trust, this option can be more straightforward and affordable.
Enhanced Life Estate Deeds are particularly useful for:
Seniors seeking to transfer a homestead to children
Individuals without complex estate plans or trusts
Property owners with one or more homes in Florida
Avoiding out-of-state probate for Florida real estate owned by non-residents
With decades of combined estate planning experience, the attorneys at St. Johns Law Group offer:
Personalized Counsel: Every family and property is different. We take time to understand your goals.
Probate Avoidance Expertise: Our attorneys also handle probate cases—so we know how to help you legally avoid it.
Comprehensive Planning: We’ll ensure your Enhanced Life Estate Deed works alongside your will, powers of attorney, and any trust documents.
Local Knowledge: We are based in St. Augustine, the area’s largest law firm, and we understand the nuances of Florida real estate law and homestead exemptions.
| Feature | Traditional Life Estate | Enhanced Life Estate Deed |
|---|---|---|
| Owner control | Limited (can’t sell without consent) | Full control retained |
| Can be revoked? | No | Yes |
| Avoids probate? | Yes | Yes |
| Medicaid friendly? | Sometimes | More favorable in many cases |
Q: Do I need a lawyer to create an Enhanced Life Estate Deed?
A: Yes. These deeds must be drafted carefully to meet Florida legal requirements and to avoid unintended consequences with taxes, Medicaid eligibility, or conflicting estate plans.
Q: Can I add more than one remainder beneficiary?
A: Yes. You can name multiple beneficiaries, and we can structure the deed to specify how ownership is divided.
Q: What happens if I sell the property after creating the deed?
A: You retain the full right to sell or mortgage the property. The remainder interest is extinguished upon sale.
Q: Is this a good alternative to a living trust?
A: It can be—especially for clients with simple estates focused on passing real estate outside probate. However, we’ll help you determine whether a deed or trust is better for your goals.
St. Johns Law Group serves clients throughout Northeast Florida and Southern Georgia, including:
St. Johns County – St. Augustine, St. Augustine Beach, Nocatee, Ponte Vedra Beach, Vilano Beach, Julington Creek, Fruit Cove, Hastings, and World Golf Village
Flagler County – Palm Coast, Flagler Beach
Duval County – Jacksonville, Jacksonville Beach, Mandarin, Southside
Clay County – Fleming Island, Green Cove Springs, Oakleaf
Putnam County – Palatka, East Palatka, Crescent City, Interlachen
Southern Georgia – St. Marys, Kingsland (select matters)
St. Johns Law Group serves clients throughout Northeast Florida and Southern Georgia, including:
St. Johns County – St. Augustine, St. Augustine Beach, Nocatee, Ponte Vedra Beach, Vilano Beach, Julington Creek, Fruit Cove, Hastings, and World Golf Village
Flagler County – Palm Coast, Flagler Beach
Duval County – Jacksonville, Jacksonville Beach, Mandarin, Southside
Clay County – Fleming Island, Green Cove Springs, Oakleaf
Putnam County – Palatka, East Palatka, Crescent City, Interlachen
Southern Georgia – St. Marys, Kingsland (select matters)
If you’re considering using an Enhanced Life Estate Deed as part of your estate plan, we’re here to help. At St. Johns Law Group, we combine local insight with legal experience to protect your property and preserve your legacy.
📞 Call: (904) 495-0400
📧 Email: info@sjlawgroup.com
📍 Visit us: 104 Sea Grove Main Street, St. Augustine Beach, FL 32080