Unlike a traditional life estate deed, a Lady Bird Deed allows the owner to sell, refinance, or change beneficiaries at any time without needing the remainder beneficiary’s consent.

Yes, Lady Bird Deeds are recognized under Florida common law and are a widely accepted method of estate planning to avoid probate.

Any Florida property owner can use a Lady Bird Deed, as long as the property is not already subject to restrictions that prevent transfer (such as certain mortgage agreements or joint tenancy with rights of survivorship).

Yes, a Lady Bird Deed can be used for Florida homestead property and still maintains homestead protections, including tax benefits and protection from forced sale by creditors.

Yes, you can name multiple remainder beneficiaries. You may also specify alternate beneficiaries in case a primary beneficiary predeceases you.

Yes! Many property owners use a revocable living trust as the remainder beneficiary to provide additional asset protection and estate planning flexibility.

Yes. Since the property does not transfer ownership until death, it is not considered a countable asset for Medicaid eligibility and is not subject to Medicaid estate recovery in Florida.

Florida does not have a state inheritance tax. Additionally, under federal law, beneficiaries receive a stepped-up tax basis, which may reduce or eliminate capital gains tax if they sell the property later.

Yes! As the owner, you retain full control and can revoke, modify, or create a new Lady Bird Deed at any time without needing beneficiary approval.

No, if you owe debts, your creditors may still place a lien on the property while you are alive. However, your beneficiaries' creditors cannot place a lien on it before they inherit it.

Yes, Florida law requires a Lady Bird Deed to be signed in the presence of a notary and two witnesses to be legally valid.  The notary can act as one of the witnesses.

Yes! We offer Remote Online Notarization (RON), allowing you to sign your Lady Bird Deed from anywhere with a notary and two witnesses provided.

Once notarized, the deed must be filed with the Clerk of Court in the county where the property is located. We offer fast and secure eRecording services to handle this process electronically.

With our eRecording service, deeds are typically recorded within 24-48 hours, much faster than mailing.

No. Since you retain full ownership during your lifetime, beneficiaries have no rights to sell, mortgage, or make decisions about the property until after your death.

Most mortgages and homeowner’s insurance policies remain unaffected by a Lady Bird Deed, but it’s always best to check with your lender or insurer.

In Florida, if the remainder beneficiary (grantee) of a Lady Bird Deed (Enhanced Life Estate Deed) predeceases the owner (grantor/life tenant), the property does not automatically pass to the deceased beneficiary’s heirs or estate per stirpes unless the deed specifically includes contingent beneficiaries or alternative language addressing this scenario.

What Happens If the Remainder Beneficiary Dies First?

1. If the Deed Names Only One Remainder Beneficiary

   • If the sole remainder beneficiary dies before the owner and the deed does not name an alternate beneficiary, the enhanced life estate deed fails.
   • When the owner dies, the property remains part of the owner’s probate estate and will pass according to their will or Florida intestacy laws if no will exists.

2. If Multiple Remainder Beneficiaries Are Named

   • If the deed designates multiple beneficiaries and one dies before the owner, the distribution depends on how they were named:
     • If the deed says "to A and B as joint tenants with right of survivorship," the surviving remainder beneficiary receives the deceased beneficiary’s share.
     • If it simply says "to A and B," it’s presumed they take as tenants in common, meaning the deceased beneficiary’s share passes to their estate.

3. If the Deed Includes "Per Stirpes" Language

   • If the remainder beneficiary was explicitly granted the property "per stirpes", then their descendants would inherit their share.
   • However, Lady Bird Deeds typically do not default to per stirpes distribution unless it’s explicitly written into the deed.

How to Avoid This Problem

To ensure a smooth transfer, the owner should:

• Regularly update the deed if a named beneficiary dies.
• Include alternate beneficiaries to prevent the property from going through probate.
• Consider per stirpes language if they want the beneficiary’s heirs to inherit their share.

No, Lady Bird Deeds are designed for individuals and trusts, not business entities. If you want to transfer property to an LLC, you may need a Quitclaim Deed or Warranty Deed instead.

We offer flat-fee pricing for hassle-free deed preparation:

• $149 – Deed Preparation Only – Professionally drafted and emailed to you with recording instructions.
• $239 – Deed + Online Notarization – Fully executed with remote notarization and required witnesses.
• $299 – Deed + Notarization + eRecording – Complete service, including online notarization, witnesses, and official county recording.