Lady Bird Deed Attorney in Florida
Keep control today, pass property tomorrow
A Lady Bird deed, also known as an enhanced life estate deed, lets Florida homeowners keep control of their property during life while ensuring it passes smoothly to chosen beneficiaries. At Berg Bryant Elder Law Group, we use this flexible tool to help families avoid probate, reduce stress, and preserve ownership rights. With the right deed in place, you can simplify the future without giving up control today.
A Lady Bird deed (also called an enhanced life estate deed) is one of Florida’s most useful estate planning tools. But for it to work as intended, it needs to be carefully planned and properly drafted. At Berg Bryant Elder Law Group, our Lady Bird deed attorneys in Florida helps you get it right from the start, so your home—and your wishes—stay protected.
Don’t risk your biggest asset with do-it-yourself solutions or outdated planning.
A Lady Bird deed is a special type of property deed that works only in a few states, including Florida. It lets you:
Unlike regular deeds that transfer ownership immediately, a Lady Bird deed only transfers ownership after your death. This makes it similar to a “transfer-on-death” arrangement for real estate.
A Lady Bird deed creates what lawyers call an “enhanced life estate.” Here’s how it works:
The “enhanced” part is important—it means you keep more rights than a regular life estate. With a Lady Bird deed, you can still sell, mortgage, or give away the property without getting permission from your future beneficiaries.
Lady Bird deeds offer several important advantages over other methods of transferring property:
When property passes through a Florida probate proceeding, it can take months or even years. Probate is also public and can be expensive. A Lady Bird deed allows property to transfer automatically without court involvement.
Unlike simply adding someone to your deed now, a Lady Bird deed lets you maintain complete control. You can:
For seniors concerned about future Medicaid planning needs, Lady Bird deeds offer significant advantages:
Lady Bird deeds offer several tax benefits:
Compared to creating a trust or other complex estate planning tools, Lady Bird deeds are relatively simple and inexpensive to create.
A Lady Bird deed might be right for you if:
However, Lady Bird deeds aren’t right for every situation. They only work for real property (not bank accounts, investments, or personal items), and they may not be the best choice if you have a complex estate or own property outside Florida.
Duval County
Clay County
St. Johns County
When planning for your property, it’s important to know how Lady Bird deeds compare to other options:
With a traditional life estate deed, you give up the right to sell or mortgage the property without the remainderman’s (future owner’s) permission. A Lady Bird deed keeps these rights for you.
When you add someone to your deed now, they immediately become a co-owner. This can create problems if they have financial issues, get divorced, or disagree with you about the property. A Lady Bird deed avoids these risks.
A will must go through probate before property can be transferred. A Lady Bird deed transfers property automatically upon death, avoiding probate entirely.
While both avoid probate, a Lady Bird deed is simpler and less expensive to create than a trust. However, a trust can handle more complex situations and cover all your assets, not just real estate.
At Berg Bryant Elder Law Group, we help clients throughout Northeast Florida create effective Lady Bird deeds as part of their estate and Medicaid planning. Our Florida Board Certified Elder Law Attorneys bring professional knowledge to every client relationship.
We serve clients in Jacksonville, Orange Park, St. Augustine, and surrounding areas. We take the time to listen to your concerns and create solutions tailored to your specific needs.
Don’t leave your most valuable asset to chance. Contact us today to schedule a consultation and learn how a Lady Bird deed might benefit you and your family.
Yes. As long as you’re alive, you can change your mind about who inherits the property or revoke the deed completely. This flexibility is one of the main advantages of a Lady Bird deed.
No. You remain the owner for all purposes, including property taxes. You can still claim homestead and other tax exemptions you qualify for.
Yes. A Lady Bird deed doesn’t affect your mortgage. The property remains subject to any existing mortgage, and your beneficiaries will take the property subject to that mortgage unless it’s paid off before your death.
While you’re alive, the property remains subject to your creditors. After your death, the property may be protected from certain creditors of your estate. However, if your beneficiaries have creditors, the property could be at risk once they inherit it.
Yes. You can name multiple beneficiaries who will own the property together after your death. You can also specify what percentage of ownership each should receive.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
