Enhanced Life Estate (Lady Bird) Deeds in Florida

HomeEnhanced Life Estate (Lady Bird) Deeds in Florida
An Enhanced Life Estate Deed—commonly known as a Lady Bird Deed—allows Florida homeowners to avoid probate while maintaining full control of their property during their lifetime. This flexible estate planning tool is popular among homeowners who want peace of mind without giving up control.

What Is an Enhanced Life Estate (Lady Bird) Deed?

An Enhanced Life Estate Deed is a Florida estate planning tool that allows a property owner to:

  • Retain full ownership and control of the property during life
  • Sell, refinance, or mortgage the property without beneficiary consent
  • Name beneficiaries who automatically inherit the property at death
  • Avoid probate for the property in many cases

Why Florida Homeowners Choose Lady Bird Deeds

Florida homeowners often choose Lady Bird Deeds because they:

  • Avoid probate
  • Preserve lifetime flexibility
  • Maintain homestead protections
  • Provide clear inheritance instructions
  • Reduce the risk of disputes among heirs

Lady Bird Deed vs. Traditional Life Estate Deed

Both deed types avoid probate, but the key difference is control. With a traditional Life Estate Deed, the remainder beneficiaries usually must consent to a sale or refinance. With a Lady Bird Deed, the owner keeps full authority to make changes during life.

Common Reasons Clients Request a Lady Bird Deed

  • Avoid probate for a primary residence
  • Maintain flexibility to sell or refinance later
  • Plan for long-term care or Medicaid strategies
  • Name children or family members as beneficiaries
  • Preserve Florida homestead benefits

How the Process Works

  1. Consultation to review goals and property details
  2. Attorney drafts deed with enhanced life estate language
  3. Proper execution with witnesses and notarization
  4. Recording with the county clerk

Potential Pitfalls to Avoid

  • Incorrect legal descriptions
  • Improper beneficiary designations
  • Conflicts with other estate planning documents
  • Failure to meet Florida execution requirements

Frequently Asked Questions

Q1
Does a Lady Bird Deed avoid probate?
Yes, when properly drafted and recorded, the property transfers directly to beneficiaries without probate.
Q2
Can I change beneficiaries later?
In most cases, yes. One of the main advantages is flexibility.
Q3
Does this replace a will?
No. A Lady Bird Deed addresses real estate only and should be part of a broader estate plan.
Book a Consultation

INTERNAL LINKS TO INCLUDE:

  • Life Estate Deeds in Florida
  • Life Estate vs. Lady Bird Deed
  • Quit Claim Deeds
  • Contact St. Johns Law Group
Contact Us:
  • 104 Sea Grove Main Street | St. Augustine, Florida 32080
Florida homeowner reviewing a Quit Claim Deed with a St. Augustine real estate attorney