Estate Planning & Probate

Lady bird deeds & homestead planning.

For many Floridians, the home is the most valuable asset in the estate. A lady bird deed (enhanced life estate deed) lets you keep full control of your home during life, including the right to sell or mortgage it, and pass it automatically to your chosen beneficiaries at death, without probate.

Estate planning and probate consultations are free. Book online or call us at (941) 704-4049.

0
Years combined experience
RPPTL
Real Property, Probate & Trust Law Section
0
Real estate transactions closed
0
Direct attorney access
Lady Bird Deeds & Homestead Planning
Estate Planning & Probate

Lady Bird Deeds & Homestead Planning

For many Floridians, the home is the most valuable asset in the estate. A lady bird deed (enhanced life estate deed) lets you keep full control of your home during life, including the right to sell or mortgage it, and pass it automatically to your chosen beneficiaries at death, without probate.

Florida’s homestead laws are unique. They can restrict who may inherit your home if you are survived by a spouse or minor child, and they protect the home from most creditors. We combine our real estate deed and title practice with estate planning to draft, sign, and record deeds that fit your family and your homestead.

Further reading: How a Florida lady bird deed avoids probate

Book a Free Consultation
What you get

Lady Bird Deeds & Homestead Planning: what’s included

The scope below is typical for this matter type; exact scope is confirmed at the consultation.

  • Lady bird (enhanced life estate) deeds
  • Deeds into a revocable living trust
  • Homestead devise and spousal-rights review
  • Preservation of homestead tax exemption
  • Deed preparation and recording
  • Title review before transfer
  • Coordination with your will or trust

Good to know

Frequently asked questions
A lady bird deed, or enhanced life estate deed, transfers your Florida property to named beneficiaries at your death while you keep the right to live in, sell, mortgage, or change the beneficiaries of the property during your lifetime without their consent.
When drafted properly, a lady bird deed generally preserves your Florida homestead property-tax exemption because you keep the life estate and full control.
Not always. If you are survived by a spouse or a minor child, the Florida Constitution limits how homestead property may be devised. Spouses can sometimes waive these rights. We review your situation before recommending a deed or trust.
Related services

Related estate planning & probate services

Other matters we handle within this practice area.

Wills

Wills

Florida-compliant wills that say exactly what you mean.

Learn more
Revocable Living Trusts

Revocable Living Trusts

Keep assets out of probate and private.

Learn more
Powers of Attorney & Advance Directives

Powers of Attorney & Advance Directives

Durable POA, health care surrogate, and living will.

Learn more
Get started

Ready to talk about lady bird deeds & homestead planning?

Estate planning and probate consultations are free. Book online or call us at (941) 704-4049.

1904 Manatee Ave. W., Suite 300, Bradenton, FL
Mon–Fri 9:00 AM – 5:00 PM ET

Request a consultation

No obligation. Replies within one business day.

Submitting this form does not create an attorney-client relationship.

Thank you!

We’ve received your request.