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Lady Bird Deed

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FLORIDA ENHANCED LIFE ESTATE DEED (A.K.A. “LADY BIRD DEED”)

[Individual to Two Individuals / Husband and Wife]

Control Number: FL-032-78

I. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer.

They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar.

Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

II. HOW THE GRANTEES WILL HOLD THE PROPERTY

In the State of Florida real property can be held by more than one person (concurrent estates) in the following ways:

A. If the Grantees ARE NOT married to each other, they can hold the property as:

1. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally, their shares are “equal” but may differ in size.

2. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate.

B. If the Grantees ARE married to each other, they can hold the property as:

1. Tenants in Common – See above

2. Joint Tenants with the Right of Survivorship – See above

3. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate.

C. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety.

D. For additional information on the above see the definitions at:

http://lawdigest.uslegal.com/

E. For example:

“as Joint Tenants with the Right of Survivorship and NOT as Tenants in Common, the following described land”

III. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INSTRUMENT PREPARED BY:

NAME

ADDR.

PARCEL IDENTIFICATION NUMBER:

Rec. Fee $

Doc. St. $

Space above for Recording

ENHANCED LIFE ESTATE DEED

[Individual to Two Individuals / Husband and Wife]

This Indenture, made the day of , 20 by:

GRANTOR: , whose address is , and

GRANTEES: , whose address is , and

, whose address is , individuals.

WITNESS: That the GRANTOR, for and in consideration of Ten Dollars and other valuable consideration, do hereby grant, bargain, sell, remise, release and convey unto the GRANTEES,

As , subject to retained life estates in Grantor described further in the Reservations and Limitations to Conveyance and Warranty set forth below, the following described land, situate, lying and being in County, Florida, to wit:

See Exhibit A attached hereto and incorporated by reference as though set forth in full

Legal Description:

RESERVATIONS AND LIMITATIONS TO CONVEYANCE AND WARRANTY:

1. It is the intention of the Grantor to create and retain an Enhanced Life Estate reserving and preserving to the Grantor a life estate, for the term of his or her life, without any liability for waste and with full power and authority in said life tenant to sell, convey, mortgage, lease or otherwise encumber the described property.

2. The Grantor also reserves the right to cancel this conveyance and reconvey the property described, or otherwise manage and dispose of the property described during the Grantor’s lifetime, in whole or in part, in fee simple, with or without consideration, without joinder of any remaindermen, and with full power and authority to retain exclusively any and all proceeds generated thereby without liability for claims or debts of the remaindermen.

3. Upon the death of the Life Tenant, the remainder, if any, will then be granted to the following remaindermen: and , hereinafter called the "Grantees."

WARRANTY: GRANTOR, binds GRANTOR, and GRANTOR’S heirs and successors to warrant and forever defend all and singular the property to GRANTEES and GRANTEE’S heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same on any part thereof, except as to the Reservations and Limitations to Conveyance and Warranty set forth above.

PRIOR INSTRUMENT REFERENCE: Book , Page , Document No. , of the Public Records of the Recorder of County, Florida.

EXECUTED this day of , 20 .

Signed, sealed and delivered in the presence of:

Witness Signature

Witness Signature

Signature of Grantor

Post Office Address

STATE OF FLORIDA, COUNTY OF

The foregoing instrument was acknowledged before me this day of , , by , who is personally known to me or has produced as identification and who did/ did not take an oath.

______________________________

Notary Public

EXHIBIT A

Grantor:

Grantees:

Legal Description:

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What a Lady Bird Deed Is and how it works

A Lady Bird Deed, also called an enhanced life estate deed, lets a property owner transfer future ownership to named beneficiaries while retaining the right to use, sell, mortgage, or revoke the deed during their lifetime. On death, the property passes outside probate to the named remainder beneficiaries without the need for a probate administration. The deed must be executed and recorded according to state and county rules to be effective; it combines lifetime control with an automatic, nonprobate transfer at death, so careful drafting is required to preserve tax and Medicaid planning benefits.

Why people choose a Lady Bird Deed

The Lady Bird Deed preserves the owner’s lifetime control while enabling an automatic transfer at death that typically avoids probate and reduces administration time. It can simplify estate settlement, may ease Medicaid planning in some states, and helps keep title clear for beneficiaries.

Why people choose a Lady Bird Deed

Who commonly uses a Lady Bird Deed

Typical users include individual homeowners, elder-care planners, and estate attorneys seeking a probate-avoidance mechanism for residential real estate.

  • Homeowners seeking to avoid probate and keep control during life
  • Adult children or designated remainder beneficiaries named to receive title at death
  • Estate and elder-law attorneys preparing nonprobate transfer strategies

Use depends on state law and personal circumstances; consult counsel for tax, Medicaid, or creditors concerns before execution.

Primary roles and signing authority

Grantor — Property Owner

The grantor is the current owner who creates the Lady Bird Deed and retains lifetime rights to occupy, sell, or mortgage the property. The grantor must sign in compliance with state notary and witness rules to ensure recordability and enforceability.

Remainderman — Named Beneficiary

A remainderman is the person or entity designated to receive the property automatically upon the grantor’s death. They have no present ownership interest while the grantor is alive but acquire title outside probate when the grantor’s lifetime interest terminates.

Key elements to include in a professional Lady Bird Deed

A correctly drafted Lady Bird Deed contains precise transfer language, a clear identification of grantor and remainderman, a retained life estate clause, revocation language, an adequate property description, and notarization to meet recording requirements.

Transfer Language

Use explicit words granting a future remainder interest while reserving a full life estate with power to convey, mortgage, or revoke during the grantor’s lifetime.

Parties Identified

List full legal names and capacities of the grantor and each remainderman, matching government IDs to avoid later title disputes.

Property Description

Include the legal description used in the county recorder’s office (metes and bounds or recorded parcel information) rather than a mailing address alone.

Revocation Clause

State that the grantor reserves the right to revoke or alter the deed during life and describe the process for revocation to avoid ambiguity.

Recording Block

Leave space for county recording stamps, assessor parcel number, and include signature lines for grantor, notary, and any required witnesses.

Governing Law

Identify the state whose law governs interpretation and recording—this matters for effect on Medicaid eligibility and probate avoidance.

Step-by-step: preparing and recording a Lady Bird Deed

Follow these core steps in order to prepare, execute, and record a Lady Bird Deed reliably.

  • 01
    Confirm suitability: Assess probate avoidance, tax, and Medicaid implications with counsel.
  • 02
    Draft deed: Use precise enhanced life estate language and legal property description.
  • 03
    Execute and notarize: Sign in presence of required notary and witnesses per state law.
  • 04
    Record deed: File with county recorder where the property is located.

Typical routing and filing flow for a Lady Bird Deed

This sequence describes who prepares, signs, and receives recorded copies after recording with the county.

  • Preparer: Attorney or title professional prepares the deed and verifies legal description.
  • Signer: Grantor signs before a notary and any required witnesses.
  • Recorder: County recorder accepts and stamps the deed for public record.
  • Distribution: Recorded original returned to owner; copies provided to remaindermen and title insurer.

Digital signing and platform considerations

Use eSignature platforms that support PDF/Word formats, notarization workflows, and secure storage when preparing electronic deed documents.

  • File formats: PDF and DOCX preserve formatting and legal descriptions.
  • Integrations: Connectors to Salesforce, NetSuite, and Google Workspace streamline document sharing.
  • Authentication: Use multi-factor signer authentication for stronger signer attribution.

Confirm your chosen platform supports required notarization (RON or in-person) and preserves an audit trail to meet legal standards for record retention and admissibility.

Risks and consequences of an incorrectly executed deed

Recording Rejection: County may refuse to record for missing notary or improper form.
Probate Exposure: Improper deed may fail to avoid probate, delaying transfer.
Title Clouding: Name mismatches or vague descriptions create title defects.
Tax Consequences: Unintended gift or basis implications for grantor or beneficiaries.
Medicaid Risk: Improper timing may affect Medicaid eligibility or look-back results.
Revocation Disputes: Ambiguous revocation language can lead to litigation.

Common preparation mistakes to avoid

  • Using a mailing address instead of the recorded legal description, which can result in recording office rejection or future title disputes.
  • Failing to have the grantor sign before the designated notary or omitting required witness signatures under state law.
  • Assuming a Lady Bird Deed solves all creditor or Medicaid issues without consulting counsel about timing and local rules.
  • Leaving ambiguous revocation language or failing to specify shares among multiple remaindermen, leading to contested interpretations.

Practical tips for accurate and efficient completion

Follow these drafting and execution best practices to reduce rework and preserve intended estate results.

Verify legal description
Copy the property’s legal description exactly from the current recorded deed or title report and verify parcel/assessor numbers with the county recorder before submitting for recording.
Confirm names and IDs
Match grantor and beneficiary names to government-issued identification; mismatches can delay title insurance or require corrective affidavits.
Check state-specific formalities
Confirm whether your state requires witnesses in addition to notarization, and follow the county recorder’s formatting and fee rules to avoid rejection.
Keep recorded originals
Retain the recorded original in a secure location and provide certified copies to beneficiaries and the title insurer to simplify future transactions.

Real-world scenarios where a Lady Bird Deed is used

Two concise examples show how a Lady Bird Deed can operate in practice and the outcomes beneficiaries commonly see.

Elder-Care Simplification

A homeowner created a Lady Bird Deed naming two children as remaindermen while retaining full control during life.

  • The property avoided probate.
  • On the owner’s death the deed transferred title directly to the children, eliminating probate costs and accelerating access to the home for estate settlement purposes.

Medicaid-Aware Transfer

An owner used a Lady Bird Deed after counseling on Medicaid look-back timing to preserve a life estate.

  • The owner kept sale rights during life.
  • After careful timing and attorney review, the property passed to named beneficiaries without probate while reducing immediate Medicaid transfer risks that unsecured gifts would have created.

Essential details to record and preserve

Grantor Name: Full legal name
Remainderman: Full name and share
Property ID: Legal description / parcel number
Execution Date: MM/DD/YYYY
Notary Acknowledgement: State-compliant block
Recording Stamp: County recorder entry

eSignature provider comparison for executing and storing deeds

Basic vendor comparison for eSignature and compliance capabilities; signNow is listed first per platform data and pricing tiers.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and troubleshooting for Lady Bird Deed issues

Answers to common questions about validity, recording, and post-execution handling of a Lady Bird Deed.


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