Life Estate vs. Lady Bird Deed: What’s the Difference?
Florida homeowners often ask whether a traditional Life Estate Deed or an Enhanced Life Estate (Lady Bird) Deed is the better option. While both can help avoid probate, the level of control they offer is very different.
What These Deeds Have in Common
Both a Life Estate Deed and an Enhanced Life Estate (Lady Bird) Deed allow a homeowner to:
- Avoid probate for their primary residence
- Remain in the home for the rest of their lifetime
- Clearly name who will inherit the property
- Maintain Florida homestead benefits
Traditional Life Estate Deed Explained
With a traditional Life Estate Deed, the homeowner becomes the life tenant and the named beneficiaries become remainder beneficiaries. Upon the homeowner’s death, ownership transfers automatically.
Important limitation: once recorded, the life tenant generally cannot sell, refinance, or change beneficiaries without the consent of the remainder beneficiaries.
Enhanced Life Estate (Lady Bird) Deed Explained
An Enhanced Life Estate Deed—commonly called a Lady Bird Deed—provides the same probate avoidance benefits but preserves the homeowner’s full control during life.
The owner may:
- Sell the property
- Mortgage or refinance
- Change beneficiaries
- Revoke the deed entirely
Side-by-Side Comparison
| Feature | Life Estate Deed | Lady Bird Deed |
|---|---|---|
| Avoids Probate | ✔ Yes | ✔ Yes |
| Owner Keeps Full Control | ✘ No | ✔ Yes |
| Consent Needed to Sell | ✔ Yes | ✘ No |
| Can Change Beneficiaries | ✘ No | ✔ Yes |
| Popular in Florida | ✔ Yes | ✔ Very |
Which Deed Is Right for You?
If your goal is to ensure your home passes to loved ones without probate and you are comfortable limiting future changes, a Life Estate Deed may work. However, most Florida homeowners prefer a Lady Bird Deed because it provides flexibility while still accomplishing probate avoidance.
Attorney Insight:Choosing the wrong deed can unintentionally restrict your rights or complicate future transactions. A short consultation can help ensure your deed aligns with your long-term estate plan.
Speak With a Florida Deed Attorney
The attorneys at St. Johns Law Group help clients throughout St. Johns County choose and prepare the right deed for their situation.
Related Resources
This article is for informational purposes only and does not constitute legal advice.