Lady Bird Deeds In Florida

A Lady Bird Deed, also known as an Enhanced Life Estate Deed, can be a useful estate planning tool for homeowners in Florida. Here are a few reasons why you may want to consider having a Lady Bird Deed for your homestead property:

  1. Avoiding Probate: When you pass away, your property typically has to go through the probate process before it can be distributed to your heirs. This process can be time-consuming, expensive, and can tie up your property for months or even years. A Lady Bird Deed can help you avoid probate by allowing your property to pass directly to your designated beneficiaries without going through probate.
  2. Retaining Control of Your Property: With a Lady Bird Deed, you retain control of your property during your lifetime. You can continue to use and enjoy your property, sell it, or mortgage it without the need for your beneficiaries’ permission.
  3. Medicaid Planning: If you require long-term care in the future and need to apply for Medicaid, a Lady Bird Deed can help you protect your property from being subject to Medicaid estate recovery. This means that your property would not be sold to pay back the government for any Medicaid benefits you received.
  4. Flexibility: Lady Bird Deeds offer flexibility and can be revoked or amended during your lifetime. This means that if your circumstances change, you can change the beneficiaries or revoke the deed altogether.
  5. Homestead Exemption: In Florida, homestead property is entitled to certain legal protections, such as exemptions from property taxes and creditor claims. A Lady Bird Deed can help ensure that these protections remain in place while allowing you to transfer the property to your designated beneficiaries.

In summary, a Lady Bird Deed can be a useful estate planning tool for Florida homeowners, allowing you to avoid probate, retain control of your property, protect your property from Medicaid estate recovery, and maintain your homestead protections. However, it is important to consult with a qualified estate planning attorney to determine whether a Lady Bird Deed is right for you and your specific circumstances.