Preserve What You’ve Built. Pass It On With Dignity and Peace of Mind.
Lady Bird Deeds to Protect Your Home Without Giving Up Control
A Lady Bird Deed lets you keep full control of your property today—while ensuring it transfers smoothly to your loved ones later. No court, no stress, no surprise costs. At Amy Dow Elder Law, we help Florida families use this powerful legal tool to protect their homes, avoid probate, and preserve the legacy they’ve worked a lifetime to build.
What Happens If You Do Nothing?
Without a Lady Bird Deed, Your Home May Be Tied Up in Court—and Out of Your Family’s Hands
If you own your home and pass away without the right deed in place, your loved ones may face a lengthy probate process—sometimes lasting 6 to 12 months or longer. According to the Florida Courts, probate can delay inheritance, increase legal costs, and leave families without clear direction.
A Lady Bird Deed offers a smarter way forward. It lets you transfer your home automatically to the person you choose—without losing control during your lifetime. At Amy Dow Elder Law, we help Florida families avoid probate stress, minimize court costs, and protect the home they have worked hard to build.
Helping aging parents is never easy, and the legal side of it can feel overwhelming. Thankfully, we had Amy Dow by our side. She took the time to really understand our family’s situation, explained every option in simple terms, and helped us move forward with clarity. Amy was kind, responsive, and made a complicated process feel manageable. From legal paperwork to insurance issues, she helped us through it all—and we’re truly grateful. I would absolutely recommend her to anyone facing similar challenges.
The Legal Tool That Protects What Matters—While You Remain in Control
Lady Bird Deeds Help You Keep Ownership Today and Transfer It with Confidence Tomorrow
Many Florida homeowners believe they need to give up ownership to protect their property—but that is not the case. A Lady Bird Deed, also called an Enhanced Life Estate Deed, allows you to remain in full control of your home for life. You may live in it, sell it, refinance it, or update the beneficiary designation at any time.
According to the Florida Bar, a properly executed Lady Bird Deed allows your property to pass directly to your chosen heir without going through probate. This saves time, reduces legal expenses, and eases stress for your loved ones. It is also revocable, giving you complete flexibility if your situation changes.
At Amy Dow Elder Law, we help Florida families use this tool to preserve control, avoid uncertainty, and pass their home on with confidence and care.
Taking control of your legacy starts with the right legal guidance—and the sooner you begin, the more protected your future will be.
What is Included in a Lady Bird Deed That Protects Your Family?
Your Home. Your Control. Your Legacy—All Legally Secured.
A Lady Bird Deed is more than a legal form—it is a powerful estate planning tool that keeps you in control today while securing peace of mind for tomorrow. At Amy Dow Elder Law, we guide you through each detail with compassion and clarity, ensuring your deed meets Florida’s legal requirements and reflects your personal wishes.
These enhanced life estate deeds are fully customized and include everything you need to protect your home from probate, preserve your Medicaid eligibility, and maintain the freedom to sell, live in, or refinance your property at any time.
According to the Florida Department of Elder Affairs, proper legal planning can significantly reduce the financial and emotional strain placed on loved ones after a person’s passing.
What’s Included in Every Plan:
Retain Full Ownership and Flexibility
You maintain complete control of your home during your lifetime. That means you may live in it, rent it, sell it, or refinance it—without asking for anyone’s permission. Your deed will clearly state who receives the property upon your passing, without affecting your current ownership rights.
Avoid Probate Automatically
Your home passes directly to your named beneficiary—without going through the Florida probate court system. This eliminates delays, reduces legal fees, and ensures your loved ones can take ownership without unnecessary paperwork or stress.
Plan Ahead for Medicaid and Long-Term Care
Our Lady Bird Deed plans are built with Florida Medicaid policy in mind. By avoiding probate and preserving your interest in the property, you may protect your eligibility for long-term care benefits—while also shielding your home from estate recovery.
Real Clients. Real Relief. Real Results.
Hear From Florida Families Who Chose Amy Dow Elder Law
Choosing the right elder law attorney is not just about paperwork—it is about trust, communication, and feeling truly understood. At Amy Dow Elder Law, we meet each client with compassion and legal clarity, guiding families through life’s most emotional transitions with calm and confidence.
But do not just take our word for it. Here is what real clients have shared about their experience:
Who We Help With Lady Bird Deeds and Home Protection Strategies
Trusted Legal Support for Families Planning Ahead or Facing Urgent Decisions
Lady Bird Deeds are not just for estate planning—they are for preserving family homes, reducing future court costs, and ensuring peace of mind during times of transition. At Amy Dow Elder Law, we help Florida families understand how to use this powerful tool to avoid probate, protect Medicaid eligibility, and stay in control of their property.
Below are four groups we commonly serve—each with unique goals, emotional realities, and reasons for needing trusted legal guidance.
Adult Children Navigating a Health Crisis
Step In With Legal Authority When a Parent Needs Help
When a medical emergency strikes, adult children are often left scrambling without legal access to financial accounts or property decisions. We help families use Lady Bird Deeds to protect the family home and avoid probate, while also preparing Powers of Attorney for immediate decision-making. You do not have to navigate it alone.
Married Couples Planning for the Future
Protect Each Other—Without Giving Up Control
Even the most prepared couples can face unexpected long-term care needs. Lady Bird Deeds allow spouses to preserve the family home, retain full ownership, and still qualify for Medicaid when necessary. We help married clients build a proactive plan that reflects their values and keeps control in their hands.
Solo Seniors Without Family or Support
You May Be on Your Own—But You Are Not Unprotected
If you live alone or do not have trusted family nearby, a Lady Bird Deed can help ensure your home transfers to someone you choose—without court involvement or costly legal delays. We draft clear, legally binding documents that reflect your wishes and reduce future burdens on loved ones or professionals.
Caregivers and Adult Children Helping Aging Parents
Protect the Family Home—and Your Parent’s Dignity
Helping a parent transition into long-term care can be overwhelming. We help caregivers and adult children preserve the home through a Lady Bird Deed, avoid probate, and reduce future stress. With compassionate legal guidance, we empower you to act now—before a crisis forces rushed decisions.
What to Expect When Setting Up a Lady Bird Deed in Florida
Step-by-Step Guidance From Your First Call to Full Legal Protection
Setting up a Lady Bird Deed does not have to be complicated. At Amy Dow Elder Law, we guide you through every step—from the first conversation to recording your deed—so you feel informed, protected, and at peace. Whether you are planning ahead or responding to a sudden need, here is what to expect from start to finish.
Start With a Personal Conversation
We begin with a kind, pressure-free conversation to understand your goals. Whether you are protecting your home, qualifying for Medicaid, or planning your estate, we walk through your options with compassion and clarity. You will never feel rushed, pushed, or confused.
Clarify Your Ownership and Legacy Goals
Next, we help you clarify what matters most. Who should inherit your home? What are your Medicaid or probate concerns? We answer your questions and explain how a Lady Bird Deed works—so you can feel confident about your decisions and keep full control during your lifetime.
Draft and Customize the Deed
We create a Lady Bird Deed tailored to your exact situation—meeting Florida’s legal requirements while reflecting your wishes. We review every part of the deed in plain language, so nothing is left unclear or uncertain.
Sign and Record the Deed Officially
Once finalized, we guide you through the signature process and ensure your deed is recorded properly with the county. We also provide copies and clear instructions—so your plan works exactly as intended when the time comes.
Enjoy Peace of Mind Knowing You’re Protected
With your deed in place, your home is protected, your wishes are secure, and your loved ones are spared probate stress. You remain in full control while planning ahead with dignity and confidence.
According to the National Institute on Aging, fewer than 1 in 3 U.S. adults have an advance plan in place for their property or care. A Lady Bird Deed offers one of the clearest ways to avoid uncertainty—without giving up control.
Have questions about how a Lady Bird Deed works or where to begin?
We will walk you through every step—at your pace, with no pressure, and with total clarity.
Common Questions, Straight Answers
Florida Lady Bird Deed FAQs for Peace of Mind
If you are considering a Lady Bird Deed in Florida—either to protect your home, qualify for Medicaid, or avoid probate—it is natural to have questions. At Amy Dow Elder Law, we meet you with clarity, compassion, and honest guidance. Below are answers to the most frequently asked questions we hear from Florida families about enhanced life estate deeds, inheritance laws, Medicaid eligibility, tax impact, and more.
These answers are here to give you confidence and clarity—so you can protect your future and support the people you love.
These FAQs are written for real families—covering what matters most, in language you can trust.
What is the purpose of a Lady Bird Deed?
A Lady Bird Deed is a legal tool used in Florida to transfer your home directly to a chosen beneficiary—without giving up ownership during your lifetime. Its main purpose is to:
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Avoid probate after your death
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Preserve Medicaid eligibility by preventing the home from counting against asset limits
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Allow full control—you can sell, refinance, or change your mind at any time
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Simplify the estate process for loved ones
It’s especially helpful for seniors who want to keep things simple and protect their legacy without setting up a full trust. Learn more about how it works from the Florida Department of Revenue.
What are the disadvantages of a Lady Bird Deed?
While a Lady Bird Deed offers many benefits for Florida homeowners, it is not the right fit for everyone. Here are a few potential drawbacks to keep in mind:
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Limited use in other states: If you move out of Florida, your Lady Bird Deed may not be recognized.
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No protection from creditors: A Lady Bird Deed does not shield your home from Medicaid estate recovery in every situation.
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No tax planning benefits: It does not offer the same tax flexibility or income control that a trust might.
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Potential for family conflict: Naming only one beneficiary without context may lead to misunderstandings or disputes.
According to the Florida Department of Elder Affairs, these deeds can be helpful but should always be part of a broader estate planning strategy. A Lady Bird Deed should be carefully reviewed with an elder law attorney to avoid unintended consequences.
How much does it cost to get a deed for a Lady Bird?
In Florida, the cost to create a Lady Bird Deed typically ranges but can vary from $350 to $1,200, depending on complexity and legal review. Here’s what might impact the price:
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Number of property owners and beneficiaries
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Whether title searches or lien checks are needed
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Custom language to align with Medicaid or estate goals
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Filing fees (usually under $20 with your local clerk’s office)
Unlike online templates, a professionally prepared deed ensures it meets Florida’s legal requirements and is customized for your unique needs. The Florida Bar recommends using an attorney familiar with elder law and Medicaid rules to avoid costly mistakes later on.
Does a Lady Bird Deed avoid capital gains tax?
Not directly—but it can help your beneficiaries reduce capital gains tax if used properly.
When someone inherits your home through a Lady Bird Deed, they usually receive a “step-up in basis”—meaning the home’s value is reset to the fair market value at your death. This can significantly lower or eliminate capital gains taxes if they sell the home later.
However:
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If the home is sold before your death, this protection does not apply.
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It’s not a substitute for full tax planning, especially if multiple heirs are involved.
For more on step-up rules, visit the IRS FAQ on Inherited Property.
Does a Lady Bird Deed override a will?
Yes. A Lady Bird Deed supersedes your will when it comes to your home.
Because it is a deed with a built-in beneficiary, the home automatically transfers to that person when you pass away—outside of probate and regardless of what your will says.
That’s why it is critical to:
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Keep your deed and will consistent
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Review both if your life situation changes (e.g., remarriage, blended family, long-term care plans)
Even the Florida Courts emphasize the importance of updating legal documents to avoid inheritance disputes.
Is a trust better than a Lady Bird Deed?
It depends on your goals. A trust may offer more flexibility and protection—but also comes with more complexity and cost.
Here’s how they compare:
| Feature | Lady Bird Deed | Revocable Living Trust |
|---|---|---|
| Avoids probate | ✅ Yes | ✅ Yes |
| Medicaid-friendly | ✅ Yes | ✅ Yes (with careful drafting) |
| Allows full control during life | ✅ Yes | ✅ Yes |
| Avoids court disputes | ⚠️ Not always | ✅ More protection |
| Can include multiple assets | ❌ No | ✅ Yes |
| Works across states | ❌ Florida-based | ✅ Nationwide |
If you want to protect multiple properties or need detailed instructions for inheritance, a trust may be better. But for a Florida homeowner looking to simplify things and preserve Medicaid eligibility, a Lady Bird Deed can be a smart, affordable solution.
Learn more about trusts from the Florida Bar Consumer Guide.
Still have questions about how a Florida Lady Bird Deed fits into your plan?
We are here to guide you every step of the way—at your pace, in your words, and with no pressure.
Your home, your wishes, your peace of mind—protected with compassion and clarity.
Take the First Step Toward Clarity and Control
You do not need to navigate Lady Bird Deeds alone. At Amy Dow Elder Law, we take the time to understand your goals, explain your options, and help you put the right plan in place with total confidence. Whether you are protecting your own home or helping a parent during a time of transition, our team is here with calm, trusted support—every step of the way.
Office Number: (561) 288-1750
Your message is private and your peace of mind matters.
Trusted Guidance From the Florida Bar
Download the Elder Law Booklet Amy Dow Helped Write
Amy Dow, a respected Elder Law Lawyer and co-author of this official Florida Bar guide, brings you vital insights into Medicaid planning, asset protection, and elder law strategies. This free resource gives you the knowledge to protect your loved ones — and avoid costly mistakes.
