Florida’s Best-Kept Secret to Avoiding Probate: Why More Homeowners Are Choosing the Lady Bird Deed

If you’re a Florida homeowner or retiree, you’ve probably heard that probate can be long, stressful, and expensive. Many families lose valuable time and money when trying to transfer property after a loved one passes. The good news is that there’s a simple, often-overlooked legal tool that helps avoid all of that—the Florida Lady Bird Deed, also known as an Enhanced Life Estate Deed.
At Nasseh Law PLLC, we’ve helped countless Florida families use this deed to secure their homes, protect their loved ones, and skip the probate process entirely.

TL;DR:

A Florida Lady Bird Deed lets you keep full control of your property during your lifetime while ensuring it automatically transfers to your chosen beneficiary—without probate. It’s a smart, cost-effective way for homeowners and retirees to protect their family home. Talk to us at Nasseh Law PLLC to find out if it’s the right fit for your estate plan.

What Exactly Is a Florida Lady Bird Deed?

A Lady Bird Deed, formally known as an Enhanced Life Estate Deed, allows you to keep ownership and control of your property during your lifetime. You can live in your home, sell it, refinance it, or change your beneficiaries anytime—without needing their consent.
When you pass away, ownership transfers automatically to your chosen beneficiary. Because the transfer is automatic, the property never goes through probate.
It’s called a “Lady Bird Deed” after a (possibly apocryphal) story that President Lyndon B. Johnson once used this type of deed to transfer property to his wife, Lady Bird Johnson.

Why More Florida Homeowners Are Choosing the Lady Bird Deed

Let’s look at a quick story:

Mary, a retired Orlando homeowner, wanted to make sure her daughter inherited her home easily when she passed away. She didn’t want her family tangled in court for months or paying thousands in legal fees. We helped her create a Lady Bird Deed, allowing her to stay in full control of her home while ensuring it would automatically transfer to her daughter later.

When Mary passed, her home transferred immediately—no probate, no delays, no stress.

That’s the power of this simple document.

The Benefits of a Florida Lady Bird Deed

Here’s why we often recommend this tool to Florida homeowners and retirees:

1. Avoid Probate Entirely
   
   The property passes automatically to your beneficiary upon your death. Your loved ones don’t have to go through the probate court process.
   
   

2. Keep Full Control During Your Life
   
   You can sell, mortgage, or change your mind about who inherits the property at any time. You remain in complete control.
   
   

3. Save Time and Money
   
   Compared to creating a trust or going through probate, a Lady Bird Deed is faster, simpler, and more affordable.
   
   

4. Maintain Homestead Protection
   
   The property can still qualify for Florida’s homestead tax exemption, and your protection from creditors remains intact.
   
   

5. No Gift Tax or Medicaid Penalty

   
   Since ownership doesn’t transfer until after your death, you avoid triggering gift tax implications or Medicaid look-back issues.

When a Lady Bird Deed Might Not Be the Right Fit

While this tool works beautifully for many families, it isn’t always the best choice for every situation.

You might want to explore other options if:

• You own multiple properties with complex ownership structures.

• You plan to set conditions on the transfer (for example, only after certain debts are paid).

• In those cases, a Florida Land Trust may be a better solution. We’ll be covering Florida Land Trusts in our next blog, so stay tuned if you’d like to learn about how they protect investment and vacation properties. We will review your goals and your full picture, then recommend the simplest option that actually covers what you need.

How a Lady Bird Deed Helps You Avoid Probate in Florida

If you missed our previous article, Avoid Probate in Orlando, we explained why so many families try to keep their property out of probate. In short: probate can take months, cost thousands, and delay your family’s access to your assets. A Florida Lady Bird Deed cuts through that red tape. It ensures your property passes automatically and privately, without involving the court system. That means your family can handle personal matters peacefully instead of dealing with legal hurdles.

FAQs About Florida Lady Bird Deeds

1. Do I lose control of my home if I sign a Lady Bird Deed?
   No. You keep complete control during your lifetime. You can sell, mortgage, or revoke the deed at any time.
   
   

2. Will my beneficiary owe taxes when they inherit my property?
   In most cases, no. Florida doesn’t have a state inheritance tax, and because ownership transfers at death, capital gains are typically calculated using a stepped-up basis.
   
   

3. Can I use a Lady Bird Deed for rental or investment properties?
   Yes, but we’ll review your overall investment and liability structure first. For larger portfolios, a trust or LLC might provide better protection.
   
   

4. Is a Lady Bird Deed better than a will?
   For transferring real property, yes. A will still goes through probate. A Lady Bird Deed allows direct transfer of the property outside probate.
   
   

5. Can I have more than one beneficiary?
   Yes, you can, but the deed language must be precise. We’ll make sure it’s drafted correctly so ownership transfers smoothly.

Ready to Protect Your Home and Skip Probate?

At Nasseh Law PLLC, we make the process of creating a Florida Lady Bird Deed simple and stress-free. You’ll keep full control of your home while ensuring your family inherits it easily and quickly.

If you want to protect your property and avoid probate, let’s talk. We’ll guide you through your options and create a customized plan that fits your goals.

👉 Contact us today to get started.

📞 407-635-1234 | 🌐 www.nassehlaw.com