For many Florida homeowners, their home is their most valuable asset. But what happens to your home after you pass away? Will your children have to go through probate? Will Medicaid take your home to recover nursing home costs?

A Lady Bird Deed (also known as an Enhanced Life Estate Deed) is a powerful legal tool that allows homeowners to keep control of their property during their lifetime while ensuring it passes to their chosen beneficiaries without probate.

At Elderly Care Law Firm, we help Florida residents set up Lady Bird Deeds to protect their homes, avoid probate, and simplify estate planning.

What is a Lady Bird Deed?

A Lady Bird Deed allows a homeowner to retain full control of their property while designating a beneficiary to automatically inherit the property upon their death. Unlike traditional life estate deeds, a Lady Bird Deed allows the homeowner to:

• Sell or refinance the property at any time without the beneficiary’s permission.
• Change or remove the beneficiary at any time.
• Avoid probate, allowing the home to transfer immediately to heirs.
• Protect the home from Medicaid estate recovery, meaning Medicaid cannot claim the house after death.

Who Should Consider a Lady Bird Deed?

A Lady Bird Deed is an excellent option for:

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

How Does a Lady Bird Deed Help with Medicaid Planning?

One of the biggest benefits of a Lady Bird Deed is that it helps seniors qualify for Medicaid without putting their home at risk. Normally, Medicaid has the right to recover costs from a deceased person’s estate, including their home. However, because a Lady Bird Deed allows the property to automatically pass to a beneficiary, it is not subject to Medicaid estate recovery.

Does a Lady Bird Deed Affect Property Taxes?

No! Unlike other types of property transfers, a Lady Bird Deed:

• Does not trigger additional property taxes.
• Does not affect Florida’s homestead exemption, so homeowners still receive tax benefits.

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

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

• Loss of control – Once added, the child is a legal co-owner and must agree to any sale or refinancing.
• Creditor risks – If the child has debt or legal issues, creditors could place a lien on the home.
• Gift tax issues – Giving away part of a property can trigger unnecessary gift taxes.

A Lady Bird Deed avoids these problems by allowing the homeowner to retain full ownership until death, at which point the home automatically transfers to the beneficiary.

Can a Lady Bird Deed Be Revoked?

Yes! Unlike traditional life estate deeds, a Lady Bird Deed can be revoked, changed, or modified at any time.

How Can an Attorney Help?

Setting up a Lady Bird Deed correctly is essential to ensure your home is legally protected. At Elderly Care Law Firm, we:

• Draft legally sound Lady Bird Deeds tailored to your specific needs.
• Ensure your home is protected from Medicaid estate recovery.
• Guide you through the estate planning process to prevent unnecessary legal complications.

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