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Elder Law Attorneys – Creating Peace of Mind for All Generations

Lady Bird Deed

Experienced Lady Bird Deed Attorney in Florida

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?

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?

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.

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 probatecall Elderly Care Law Firm at (305) 564-6606 today for a consultation.

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Sherrie Lim

Client Services Coordinator

Sherrie Ann Lim brings over twelve years of customer service experience and a strong background in team leadership and client support. Although she holds a Bachelor of Science degree in Physical Therapy, her career path led her to the dynamic world of the contact center industry, where she discovered a deep passion for service, communication, and operational excellence. 

Sherrie is known for her perseverance, enthusiasm, and confident sense of responsibility. She consistently delivers high-quality results, efficiently managing tasks while remaining flexible to the evolving needs of her clients. Her commitment to continuous improvement and excellence positions her as a trusted ally for businesses seeking proactive and reliable virtual support. 

Drawing from her college background, Sherrie has a deeper understanding of the physical and emotional needs associated with aging, making her especially attuned to the importance of compassionate and informed care for the elderly. She recognizes that elder care isn’t just about physical support, it also involves emotional presence, patience, and clear communication. Her strong appreciation for family ties fuels her commitment to helping clients manage the intricacies of elder care with empathy and attentiveness, ensuring that elderly loved ones feel respected, safe, and truly cared for. 

 

She loves taking care of her family during her rest days and free time, finding joy in the simple yet meaningful routines of home life. Whether it’s preparing home-cooked meals, baking sweet treats for her kids, or tackling household projects, Sherrie finds fulfillment in creating a nurturing and organized environment for her family. Whenever time and opportunity allow, she also enjoys traveling with her family, exploring new places, creating lasting memories, and embracing experiences that strengthen their bond and bring joy into their lives. 

Fun Fact: Sherrie’s two kids were born on the exact same date—two years apart! 

May Cruz

Client Services Coordinator

May began her community service career with the Philippine Department of Health as a Computer Operator, providing vital technical support to healthcare workers across island provinces and helping to bridge technology gaps in remote medical settings. Her commitment to service extended beyond her official duties—she also volunteered in medical missions, assisting indigenous communities and contributing to the delivery of essential healthcare with empathy and cultural sensitivity. 

Continuing her dedication to public service, May later worked at a law firm as a Disability Service Coordinator, assisting military veterans in navigating disability services. She brought empathy, compassion, and heart to the role, ensuring that each veteran felt heard, respected, and supported throughout the process. 

With a unique blend of technical expertise and human-centered care, May remains deeply committed to using her skills to uplift underserved and vulnerable communities. 

Fun Fact: Despite not knowing how to swim, May is a certified open water diver. Her adventurous spirit and determination push her beyond her comfort zone—both in life and under the sea.