What Is a Lady Bird Deed?

A Lady Bird Deed, formally known as an Enhanced Life Estate Deed, is a legal tool used in estate planning to transfer real estate upon death—without going through probate. Named after former First Lady Claudia “Lady Bird” Johnson (though she had no direct connection to the concept), this deed allows the property owner to:

  • Retain full control of the property during their lifetime

  • Sell, lease, or mortgage the property without beneficiary consent

  • Automatically transfer the property to named beneficiaries upon death

Key Benefits

Lady Bird Deeds are especially popular in states that allow them (Florida, Texas, Michigan, Vermont, and West Virginia) due to their unique advantages:

  • Avoids probate: The property passes directly to heirs, saving time and legal costs

  • Retains control: Owners can change beneficiaries or sell the property without restrictions

  • Protects Medicaid eligibility: Helps shield the home from Medicaid estate recovery, allowing it to pass to loved ones instead of being claimed for long-term care reimbursement

  • Cost-effective: Our office will draft a life estate for $700 with quick turnaround time to signing.

Lady Bird Deed vs. Traditional Life Estate

Unlike a traditional life estate deed, which limits the owner’s ability to sell or refinance without the remainder beneficiary’s consent, a Lady Bird Deed offers enhanced flexibility. The owner maintains full rights to the property and can revoke or amend the deed at any time.

Lady Bird Deeds provide the following benefits
(a) Owner Retains Full Control
(b) Avoids Probate
(c) Can be Revoked
(d) Medicaid Protection

Where Are Lady Bird Deeds Allowed?

As of 2025, Lady Bird Deeds are legally recognized in:

  • Florida

  • Texas

  • Michigan

  • Vermont

  • West Virginia

If you live outside these states, alternatives like Transfer-on-Death Deeds or revocable living trusts may offer similar benefits.

Is It Right for You?

Lady Bird Deeds are ideal for homeowners who want to simplify estate planning, avoid probate, and maintain control over their property. However, they’re not suitable for everyone. Consulting an estate planning attorney is recommended to ensure it aligns with your goals and state laws.

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