Lady Bird Deed
What Is a Florida Lady Bird Deed?
A Lady Bird deed lets you decide today who gets your home when you die and then go on living as though you never signed anything. You keep the right to sell, mortgage, refinance, or change your mind. No one else gets a vote. When you pass, the property goes directly to whoever you named, with no court involvement and no waiting.
The formal name is an enhanced life estate deed. Florida is one of only five states alongside Michigan, Texas, Vermont, and West Virginia, where this type of deed is recognized. Florida has no specific statute for Lady Bird deeds. They are grounded in common law and governed in practice by Florida Bar Uniform Title Standards 6.10, 6.11, and 6.12, published in 2019.
When you record a Lady Bird deed, Florida law divides your property into two parts. You keep an enhanced life estate full ownership for as long as you live with unlimited powers. Your named beneficiary holds a remainder interest with no current rights. Because you can take away that interest at any time, neither the IRS nor Florida Medicaid treats the deed as a completed transfer.
This is the most important language in any Lady Bird deed. It grants you full lifetime control. A deed missing this clause is not a Lady Bird deed it is a standard life estate, which requires your beneficiary to sign every future sale or mortgage. Attorney Schoonover drafts this language precisely on every deed she prepares.
States That Recognize It
Florida, Michigan, Texas, Vermont, and West Virginia. Florida is one of the most active Lady Bird deed markets in the country.
Court Proceedings at Death
Your beneficiary records a death certificate and the home is theirs. No probate. No judge. No 9 to 18-month wait.
Government Recording Cost
Recording fees in Miami-Dade and Broward are typically under $25. No documentary stamp tax owed, no present transfer is occurring.
Weeks to Complete
From consultation to recorded deed. Urgent situations involving a health event or pending sale can be accommodated faster.
How a Florida Lady Bird Deed Works
From the first conversation to the day your family takes title, here is every step Attorney Schoonover handles for you.
The fee is confirmed before any work begins. Drafting, coordination, signing, and recording are all included. No hourly billing. No surprises.
Attorney Schoonover Drafts the Deed
Four required elements: a reserve-powers clause for lifetime control, the full legal property description from the prior recorded deed, beneficiary and contingency language, and homestead-spousal language for married owners. Homestead and marital status verified before drafting.
Signing and Recording
You sign in front of two witnesses and a notary under Florida Statute §689.01. All three also sign. The executed deed is recorded with the county clerk under §695.01. Recording does not transfer your home today, it puts the transfer mechanism in place.
During Your Lifetime: Nothing Changes
You own your home exactly as before. Sell it and keep every dollar. Refinance without your beneficiary signing anything. Lease it. Record a new deed naming a different beneficiary. Cancel the deed entirely. Florida Uniform Title Standard 6.10 confirms these rights explicitly.
After You Pass Away
The property belongs to your beneficiary by operation of law. No court proceeding, no probate filing, no waiting period. Your beneficiary records a certified death certificate with the county clerk and the transfer is complete within days.
Five Benefits of a Florida Lady Bird Deed
You Skip Probate Entirely
Under Florida Statute §733.6171, the probate attorney's statutory fee and the personal representative's fee are each calculated as a percentage of the gross estate. On a $500,000 Miami home, that is $15,000 each $30,000 in statutory fees before court costs, publication fees, and any extraordinary service charges. The process typically takes 9 to 18 months in Miami-Dade County. A Lady Bird deed eliminates all of that. Your beneficiary records a death certificate and the home is theirs within days.
You Keep Full Control for Life
Joint tenancy makes someone a co-owner immediately. A traditional life estate deed requires your beneficiary to sign every future sale or mortgage. A Lady Bird deed does neither. You remain the sole decision-maker for as long as you live. If your family situation changes, record a new deed. No conversation with the beneficiary is required. No legal proceeding is needed.
Your Heirs Pay Little or No Capital Gains Tax
Because you retain a life estate, the full market value at your death becomes your beneficiary's tax basis under Internal Revenue Code §1014 a step-up in basis. In practical terms: you bought your Miami home in 2002 for $180,000 and it is worth $620,000 today. Without the step-up, your heirs owe capital gains tax on $440,000 of appreciation. With the Lady Bird deed, their basis is $620,000 and the capital gains tax is zero. For South Florida families who purchased property 15 to 25 years ago, this commonly represents $50,000 to $150,000 in tax savings.
No Gift Tax and No Medicaid Look-Back Penalty
Because you can revoke the deed or sell the property at any time, the IRS does not treat recording it as a completed gift. Florida's Department of Children and Families takes the same position for Medicaid: the Florida Medicaid manual instructs caseworkers that enhanced life estate deeds are not transfers of assets. You can sign a Lady Bird deed and apply for Florida Medicaid the next day without triggering the five-year look-back penalty.
Your Homestead Exemption and Save Our Homes Cap Stay Intact
Recording a Lady Bird deed does not trigger a reassessment. Your homestead property tax exemption (up to $50,000 off assessed value) remains active. The Save Our Homes cap which limits annual assessed value increases to 3% or CPI, whichever is lower remains fully in effect. Both protections continue as long as you occupy the property as your primary residence.
What Does a Valid Florida Lady Bird Deed Require?
Florida has no Lady Bird deed statute. Validity depends entirely on what is written and how it is executed. A defect that goes unnoticed for years will surface the moment your family brings the deed to a title company after you are gone. At that point it cannot be revised.
Your Name as Grantor
The current property owner identified exactly as shown in the county official records. Even a minor name variation creates a chain-of-title issue.
The Reserve-Powers Clause
Specific language reserving your right to sell, mortgage, lease, manage, and revoke the deed without the beneficiary's consent. Title companies test for this language before insuring a transfer.
Named Beneficiaries With a Contingency
Who inherits, plus what happens if that person predeceases you. Without a contingency clause, a deceased beneficiary's share may pass through their own estate requiring a separate probate proceeding.
The Full Legal Description
From the prior recorded deed, not the street address and not the tax bill. Tax descriptions are frequently abbreviated and do not match the formal legal description in the title chain.
Homestead Language for Married Owners
If the property is your primary home and you are married, your spouse must either sign the deed or execute a separate waiver under Florida Statute §732.7025. This is the single most common cause of post-death deed failures in South Florida.
Proper Execution and Recording
Two witnesses and a notary at signing (Florida Statute §689.01), followed by recording with the county clerk (§695.01). A signed but unrecorded deed has zero legal effect in Florida.
Florida Homestead Rules and Medicaid Protection
Two areas where Lady Bird deeds are most frequently misunderstood and where the planning value is highest for South Florida families.
The Spousal Joinder Rule
A married homeowner signs the deed alone, names the children as beneficiaries, and records it. The deed looks valid for years. After the owner dies, the title company identifies the spousal homestead issue and refuses to insure the transfer. The surviving spouse holds a constitutional interest under Article X §4 of the Florida Constitution and Florida Statute §732.4015 that overrides what the deed says.
The spouse either joins in signing the deed or executes a separate waiver under §732.7025. Florida Uniform Title Standard 6.11 makes this a firm requirement. Attorney Schoonover reviews homestead status, marital status, and minor child exposure before drafting every Lady Bird deed.
Your property tax exemption (up to $50,000) stays active. Your Save Our Homes cap is not disturbed. No reassessment is triggered. Constitutional protection from most creditors forcing a sale remains in place.
The Spousal Joinder Rule
A Lady Bird deed will not help you qualify for Medicaid. It does not reduce your countable assets. Your primary home is already treated as an exempt asset while you live there or intend to return.
Florida’s Medicaid Estate Recovery Program (MERP) can only reach probate assets. A Lady Bird deed keeps the property outside of probate. The property passes directly to your beneficiary beyond MERP’s reach. Florida DCF policy (ESS §§1640.0305.03 and 1640.0613.01) confirms no five-year look-back penalty applies.
A second home, vacation property, or rental property has no homestead protection from MERP. A Lady Bird deed on those properties solves this completely they pass outside probate, outside MERP’s reach, directly to your beneficiary.
Five Lady Bird Deed Mistakes That Surface After Death
A defective deed looks valid while the owner is alive. The problem appears only when the family brings it to a title company. At that point the deed is permanent. It cannot be corrected.
Wrong Legal Description
The deed used a description copied from a tax bill rather than the prior recorded deed. Tax descriptions are often abbreviated and do not match the formal description in the title chain. After death, a quiet-title action is required.
Married Owner Signs Alone on Homestead
The deed names the children but the spouse's constitutional homestead interest was never addressed. After the owner dies, the title company refuses to insure the transfer.
No Contingency When a Beneficiary Dies First
One of three named children predeceases the owner. Their share passes through their own estate, which may need a separate probate proceeding in a different county before siblings can clear title.
Deed Signed but Never Recorded
The owner signs the deed and takes the original home. Years later the family finds it in a drawer after the owner's death. An unrecorded deed has zero legal effect in Florida.
Online Template With Missing Language
A free form created a standard life estate but omitted the reserve-powers clause. The owner tries to sell and discovers the buyer's title company requires the beneficiary's signature.
She verifies homestead and marital status before drafting. She delivers every deed directly to the county recording office rather than returning it to the client. She reviews title history before drafting to identify any issue that would block a clean transfer after your death.
Is a Lady Bird Deed Right for Your Situation?
The right tool depends on your family situation, your assets, and your long-term care concerns. Here is a clear guide to when a Lady Bird deed is the right choice and when a living trust is the better option.
In some situations, the Lady Bird deed names a revocable living trust as the beneficiary, so the property flows into the trust at death where detailed distribution instructions take over. Attorney Schoonover reviews your full picture before recommending anything.
What Does a Florida Lady Bird Deed Cost and What Does Probate Cost Without One?
A Lady Bird deed is a one-time expense that eliminates recurring probate costs for the deeded property entirely.
What You Pay for the Deed
| Cost Item | Amount |
|---|---|
| Attorney drafting fee | Flat fee: confirmed in writing before work begins |
| Recording fees: Miami-Dade | Under $25 for a standard deed |
| Recording fees: Broward County | Under $25 for a standard deed |
| Documentary stamp tax | Minimal: no present transfer is occurring |
| Total government cost to record | Under $25 in Miami-Dade and Broward |
What Florida Probate Costs Without the Deed
| Home Value | Attorney Fee | Total Minimum |
|---|---|---|
| $350,000 | $10,500 | $21,000 |
| $450,000 | $13,500 | $27,000 |
| $550,000 | $16,500 | $33,000 |
| $700,000 | $21,000 | $42,000 |
These figures do not include court filing fees, publication costs, bond premiums, or fees for extraordinary services. They also do not account for the 9 to 18 months the process takes in Miami-Dade County. The attorney fee and personal representative fee are equal the Total Minimum reflects both.
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- Florida Bar #124081, admitted September 2016
Why South Florida Families Choose Attorney Schoonover for Their Lady Bird Deed
Getting a Lady Bird deed done correctly requires knowing South Florida title practices, the specific requirements of Miami-Dade, Broward, and Palm Beach county recording offices, and how to draft language that major title insurers will accept without question today and twenty years from now.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why South Florida Families Choose The Schoonover Law Firm
Attorney-Drafted on Every Matter
Yanitza Schoonover, Florida Bar #124081, drafts and reviews every deed personally. No associate doing the work under a partner's name.
Every Deed Reviewed Alongside Your Existing Documents
Your will, powers of attorney, and healthcare directives are reviewed alongside every Lady Bird deed. A deed that conflicts with a trust or a will creates problems that coordinated planning prevents.
Recording Handled Directly
The executed deed goes to the county recording office. Never returned to the client to file later. This eliminates the most common Lady Bird deed failure point.
Bilingual, English and Spanish
A large share of Miami-Dade homeowners speak Spanish as their primary language. Full service in Spanish. Hablamos español.
Extended Attorney Availability
In-person Mon–Fri until 5:00 PM by appointment. Phone and Zoom consultations Mon–Sun 8:00 AM to 9:00 PM.
Three-County Local Expertise
Miami-Dade, Broward, and Palm Beach each have their own recording offices, fee schedules, and title insurance practices. Attorney Schoonover knows all three, including condo-specific requirements.
Areas We Serve
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126.
Miami-Dade County
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Broward County
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Palm Beach County
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Frequently Asked Questions About Florida Lady Bird Deeds
Can I sell my house after signing a Lady Bird deed?
Does a Lady Bird deed override my will in Florida?
Yes, for the property named in the deed. The home passes by operation of law at your death and never enters the probate estate. Your will does not control it. If your will names a different person to receive the house, the deed controls. This is why Attorney Schoonover reviews all your documents together to make sure everything points in the same direction.
What if my beneficiary dies before I do?
The answer depends entirely on what the deed says, which is why this needs to be addressed during drafting. A well-written deed specifies where that share goes. Without contingency language, the deceased beneficiary’s portion may pass through their own estate, possibly requiring a separate probate proceeding before any surviving family member can clear title. The fix while you are alive is simple record a new deed with updated beneficiaries.
Does a Lady Bird deed protect my home from Medicaid?
It protects the property from Florida’s Medicaid Estate Recovery Program after you die, but it does not affect your eligibility for Medicaid while you are alive. Your primary home is already exempt for eligibility purposes while you live there. The deed’s Medicaid value is post-death protection, and for second homes and rental properties that value is particularly significant.
Can I use a Lady Bird deed on my condo in Florida?
Generally yes. Most major Florida title insurers will insure a condo Lady Bird deed transfer. But many condominium declarations in Miami-Dade and Broward include notice or approval requirements that apply to all deed recordings. Attorney Schoonover reviews the condominium declaration before recording on any condo unit.
Can I change the beneficiary after recording the deed?
Yes, at any time and without telling the current beneficiary. You record a new Lady Bird deed naming the updated beneficiary. The prior deed is superseded. The old beneficiary has no legal basis to object because their interest was always subject to being removed.
Do you offer consultations in Spanish?
Yes. All consultations and client communications are fully available in Spanish. The deed itself is an English-language legal document, but every conversation surrounding it can be conducted in Spanish. Hablamos español. Llámenos al (305) 299-7496.
How long does it take to prepare a Lady Bird deed?
Once Attorney Schoonover has the information she needs, drafting, signing coordination, and recording typically take one to two weeks. Urgent situations involving a health event or a pending sale can be accommodated. Call (305) 299-7496 to discuss your timeline.
Ready to Protect Your Home?
Call (305) 299-7496 or email info@estateplanningattorney.us. Attorney Schoonover reviews your property, marital status, beneficiary goals, and any existing estate planning documents in the first consultation. A flat fee quote is delivered before any work begins.
Attorney Schoonover also drafts wills, revocable living trusts, durable powers of attorney, healthcare surrogate designations, and living wills as part of a complete Florida estate plan.
Not Sure Which Tool Is Right for Your Property?
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