For many Florida homeowners, their house is their most valuable asset. But what happens to your home after you pass away? Will your children have to go through probate court? Will the government take your home to pay for Medicaid? 

These are common concerns, but thankfully, Florida offers a powerful legal tool called a Lady Bird Deed (Enhanced Life Estate Deed) that helps protect your home and ensures it passes to your loved ones without hassle or legal complications.

At Elderly Care Law Firm, we help Florida residents secure their homes, avoid probate, and ensure a smooth transition of property with Lady Bird Deeds.

What is a Lady Bird Deed?

A Lady Bird Deed allows homeowners to keep full control of their property while they are alive but automatically transfers ownership to a chosen person (like a child or spouse) upon their passing. Unlike a traditional life estate deed, this type of deed offers several key benefits, such as:

• Avoiding Probate – Your home automatically transfers to your chosen beneficiary without needing to go through Florida’s lengthy and costly probate process.
• Maintaining Full Control – You can sell, refinance, or change beneficiaries at any time without needing permission.
• Medicaid Protection – If you receive Medicaid for nursing home care, this deed helps protect your home from Medicaid estate recovery after your passing.
• Avoiding Gift Tax Issues – Unlike adding a child’s name to your deed, a Lady Bird Deed avoids unnecessary tax burdens.

Who Should Consider a Lady Bird Deed?

If you own a home in Florida and want to pass it to your heirs smoothly, a Lady Bird Deed is an excellent option. This tool is especially helpful for:

• Seniors who want to protect their home while qualifying for Medicaid long-term care.
• Parents who want to leave their home to children without going through probate.
• Homeowners who may need to sell or refinance their property in the future.

Does a Lady Bird Deed Affect My Property Taxes?

No! Unlike other types of property transfers, a Lady Bird Deed does not trigger additional property taxes or affect your homestead exemption in Florida. This means you can continue to receive any tax benefits you qualify for.

How is a Lady Bird Deed Different from Adding Someone to My Deed?

Many homeowners mistakenly believe that adding a child’s name to their deed is a simple way to avoid probate. However, this can cause major legal and financial issues:

• Your child immediately owns a portion of the home, meaning you cannot sell or refinance without their permission.
• If your child is sued or has debt, creditors can come after the home.
• It may create gift tax issues and affect Medicaid eligibility.

A Lady Bird Deed avoids these problems by allowing you to keep full ownership until your passing.

How Can an Attorney Help with a Lady Bird Deed?

Setting up a Lady Bird Deed correctly is crucial to ensure your home is protected. At Elderly Care Law Firm, we help Florida homeowners:

• Draft a legally sound Lady Bird Deed that ensures a smooth transfer.
• Protect their home from Medicaid estate recovery.
• Make the process simple and stress-free for them and their families.

If you want to protect your home and pass it to loved ones without probate, call Elderly Care Law Firm at (305) 564-6606 for a consultation today.