When it comes to estate planning, Florida homeowners have a unique and powerful option that many don’t even know exists — the Lady Bird Deed, also known as an enhanced life estate deed. This estate planning tool offers a simple yet effective way to protect your home, avoid probate, and retain full control of your property during your lifetime.
At Hale Law and Title, P.A., we’ve helped countless Florida residents use this tool to secure their legacy and simplify future transitions. If you're exploring how to avoid probate in Florida, read on to see why a Florida Lady Bird Deed might be the right choice for you.
What Is a Lady Bird Deed?
A Lady Bird Deed (formally called an enhanced life estate deed) is a legal document that allows a property owner to transfer real estate to a beneficiary — but only after the owner passes away. Unlike a traditional life estate deed, the enhanced version gives the owner full control over the property while they’re alive.
This means you can:
… all without needing the consent of the beneficiary.
Key Benefits of a Florida Lady Bird Deed
Florida is one of the few states where Lady Bird Deeds are legally recognized — and the benefits here are significant:
1. Avoids Probate
One of the biggest advantages is avoiding the time-consuming and expensive probate process. Since the property transfers automatically to your named beneficiary upon death, no court intervention is needed.
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2. Retain Full Control During Your Lifetime
Unlike a traditional life estate deed, the enhanced life estate deed in Florida gives you total autonomy. You can change your mind, sell the property, or refinance it without involving your beneficiaries.
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3. Preserves Medicaid Eligibility
A Lady Bird Deed may help you preserve eligibility for Florida Medicaid benefits. Because the transfer of the property doesn’t happen until death, it is typically not considered a gift that could affect Medicaid look-back periods.
4. Simplifies Estate Planning
There’s no need for a trust or will to manage this asset. It’s a simple, one-document solution that reduces legal fees, delays, and uncertainty for your loved ones.
5. Avoids Unintended Tax Consequences
Because the transfer happens at death, the beneficiary usually receives a "stepped-up" tax basis — potentially reducing capital gains taxes if the property is sold later.
Who Should Consider a Lady Bird Deed?
This tool is ideal for:
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Retirees looking for a low-cost, low-maintenance estate plan
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Homeowners who want to keep control of their property while simplifying transfer to heirs
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Florida residents seeking to avoid probate and protect Medicaid eligibility
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Estate planners helping clients manage property more efficiently
Consult a Florida Estate Planning Attorney
While Lady Bird Deeds offer many benefits, they’re not right for every situation. It’s important to consult with a knowledgeable estate planning attorney to determine if this tool aligns with your broader financial and legal goals.
At Hale Law and Title, P.A., we specialize in Florida real estate and estate planning law. We’ll review your existing deed, explain your options, and help you move forward with confidence.
Ready to Protect Your Home and Your Family?
Don't leave your legacy to chance. Call Hale Law and Title, P.A. at (239) 931-6767 or visit https://nedhaleattorney.com/ to schedule a deed review or estate planning consultation today.
Smart planning starts now — let’s secure your future, together.
