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Lady Bird Deeds

Lady Bird Deeds: A Simple and Effective Estate Planning Tool

Lady Bird Deed, also known as an enhanced life estate deed, is an estate planning tool that allows you to transfer real estate to your beneficiaries while retaining full control of the property during your lifetime. With a Lady Bird Deed, you can continue living on and using the property as you wish, and upon your passing, the property automatically transfers to your designated beneficiaries without the need for probate.

At Warshofsky Law, we help clients take advantage of the flexibility and simplicity of Lady Bird Deeds as part of their overall estate planning strategy. This type of deed is especially beneficial for homeowners who want to avoid probate and maintain control over their property for as long as they live.

Why Choose a Lady Bird Deed? A Lady Bird Deed offers several key benefits:

  • Avoids Probate: Upon your death, the property transfers directly to your beneficiaries without going through probate, saving time and legal costs.
  • Maintains Control: You retain full control over the property during your lifetime, meaning you can sell, lease, or mortgage the property without the consent of your beneficiaries.
  • Preserves Medicaid Eligibility: In Florida, a Lady Bird Deed can help protect your home from Medicaid recovery, allowing you to maintain eligibility for Medicaid benefits without jeopardizing your home’s status.
  • Flexibility: You can revoke or change the deed at any time during your life, providing flexibility if your plans or circumstances change.

How a Lady Bird Deed Works With a Lady Bird Deed, the property owner (grantor) retains a life estate, meaning they have the right to use and control the property during their lifetime. However, unlike a traditional life estate deed, the grantor retains the power to sell or mortgage the property without involving the beneficiaries. After the grantor’s death, the property passes automatically to the named beneficiaries (remaindermen), bypassing probate and simplifying the transfer process.

Who Should Consider a Lady Bird Deed? A Lady Bird Deed is an excellent option for individuals looking to:

  • Simplify the transfer of real estate to loved ones without the hassle of probate.
  • Retain control over their property during their lifetime.
  • Ensure that their home is passed to their heirs in a straightforward and cost-effective manner.
  • Protect their home from Medicaid recovery in Florida.

Get Started with a Lady Bird Deed At Warshofsky Law, we guide clients through the process of creating a Lady Bird Deed, ensuring that it aligns with their broader estate planning goals. This simple yet effective tool can provide peace of mind and flexibility as you plan for the future.

To learn more about Lady Bird Deeds and how they can benefit you, contact the offices of Jason Warshofsky at 305-446-1244 or email Jason at Jason@WarshofskyLaw.com to schedule a consultation.