Enhanced Life Estate (Lady Bird) Deed
$359 Flat Fee - 48 to 72-Hour Turnaround
Keep full control of your Florida home for life. Pass it to your chosen beneficiary at death - without probate, and without starting the Medicaid look-back clock.
Get StartedWhat You Get
An Enhanced Life Estate Deed - commonly called a Lady Bird Deed - is one of the most useful tools in Florida elder law. You keep every right of ownership while you are alive: you can sell the property, mortgage it, lease it, or change your mind about who receives it, all without asking anyone's permission. At your death, the property vests automatically in your named beneficiary, outside of probate.
Because you retain unrestricted lifetime powers, recording the deed is not a completed gift - which is why it does not trigger the Medicaid 60-month look-back the way an outright transfer to a child or a trust would. That distinction is exactly why this deed needs to be drafted correctly by an attorney rather than pulled from a form bank.
- Attorney review of your current deed, vesting, homestead status, and any mortgage, HELOC, or reverse mortgage before drafting
- Enhanced Life Estate (Lady Bird) Deed reserving full lifetime powers - sell, mortgage, lease, gift, or change the beneficiary - without the remainderman's consent
- Homestead analysis under Fla. Stat. §196.031/§196.041 and Article X, §4 of the Florida Constitution, including spousal joinder if you are married
- Confirmation that recording the deed does not start the Medicaid 60-month look-back under 42 U.S.C. §1396p(c) - per Fla. ESS Policy Manual §1640.0613.01, a retained-powers life estate deed is not a transfer of assets
- Execution instructions meeting Fla. Stat. §689.01 (two witnesses) and §695.26 (witness address requirement)
How It Works
Upload Your Deed and Answer Questions
Provide your current deed and details about the property, your marital status, and who should receive the property at your death.
Pay Flat Fee
Submit payment online for the $359 fee. Funds held in trust until your work is delivered.
Attorney Review and Drafting
An attorney reviews your vesting, homestead status, and mortgage situation, then drafts the deed under Florida law.
Receive and Record
Receive your execution-ready deed (Word and PDF) with signing and recording instructions in 48 to 72 hours.
What's Included
Deliverables
- Enhanced Life Estate (Lady Bird) Deed, ready for execution (PDF and Word)
- Execution and recording instructions
Not Included
- Title search or title insurance (you must provide your current deed; if a title search is needed to confirm the legal description or clear title issues, that is a separate service)
- Trust Funding Deed / transfer of the property into a trust (see the Deed Package Addendum)
- Advice on transfers made within the past 60 months (that requires a broader Medicaid planning review)
- Recording of the deed with the county (you or your closing agent records; the firm can coordinate recording as an add-on if requested)
Related Services
Conveying property into a trust instead? See the Deed Package Addendum. Protecting other assets from spend-down? See the Medicaid Irrevocable Trust. Browse the full catalog at Elder Law Services.
Frequently Asked Questions
What is an Enhanced Life Estate (Lady Bird) Deed?
A Lady Bird Deed lets you keep full control of your property during your life - including the right to sell it, mortgage it, lease it, or change who receives it - while the property passes automatically to your chosen beneficiary at your death, without probate. Because you retain unrestricted lifetime powers, you give up nothing while you are alive.
Does a Lady Bird Deed affect Medicaid eligibility?
Because the grantor retains full lifetime powers, including the power to revoke or change the remainder beneficiary, recording a Lady Bird Deed is not treated as a completed transfer of assets for Florida Medicaid purposes, so it does not start the 60-month look-back period under 42 U.S.C. §1396p(c). This is recognized in the Florida ESS Policy Manual's treatment of retained-powers life estate deeds. If you have made other transfers in the past five years, those need a separate planning review.
Does the deed affect my homestead exemption?
No. Because you keep a life estate with full possessory rights, you remain the owner for homestead ad valorem exemption purposes under Fla. Stat. §196.031 and §196.041. If you are married and the property is homestead, your spouse must join in the deed under Article X, §4(c) of the Florida Constitution - the intake asks about this and the deed is drafted accordingly.
What if I have a mortgage on the property?
A mortgage, HELOC, or reverse mortgage does not prevent a Lady Bird Deed, but it must be reviewed before drafting - some loan documents contain due-on-sale or transfer provisions the attorney needs to evaluate. The intake asks for your lender and balance so this review happens before the deed is prepared.
Can the deed name my trust as the beneficiary?
Yes. The remainder beneficiary can be one or more individuals, or a trust - including a Medicaid Irrevocable Trust formed with the firm. If you are coordinating the deed with a trust, note that in the intake and the two documents will be drafted to work together.
Ready to Protect Your Home?
$359 flat fee. 48 to 72-hour turnaround. Pay online - funds held in trust until delivery.
Get StartedHave questions or a complex situation? Contact us for guidance.
Past results do not guarantee future outcomes. Florida law governs all engagements.