Are a Transfer on Death Deed  and a Lady Bird Deed  the same thing? The short answer is: No, they are not. If you live in a state like Florida, you might hear these terms used interchangeably. It is very common for people to conflate the two concepts, assuming they are identical tools for estate planning . While they share similarities in how they transfer property, there are critical legal and practical differences you need to know. Below, we break down exactly how these two

If you are planning your estate, you might be asking a common question: "If I already have a trust, do I still need a Lady Bird Deed?" The short answer is: It’s not always one or the other.  While both tools are designed to help your loved ones avoid the headaches of probate, attorneys often suggest utilizing the two of them together for maximum protection and efficiency. Quick Answer: The Strategy A Lady Bird Deed (available in Texas, Vermont, Michigan, West Virginia, and Fl

Quick Summary:   Many Florida residents assume listing a "Transfer on Death" (TOD) or "Payable on Death" (POD) beneficiary protects their accounts from probate. However, if your financial institution merges or transfers your account to a new company, the original beneficiary paperwork can get lost. Without written confirmation from the new institution, your heirs may be forced into probate even if your monthly statements list them as beneficiaries. We are noticing an alarming

Many people wonder if it's worth paying an attorney to prepare a property deed, or if they can save money by doing it themselves or using a less qualified helper. A real example from a recent office consultation shows why that decision matters. What Happened When a Deed Was Prepared Incorrectly A father owned his property outright. He entered a long-term relationship with a woman and decided to add her to the deed. The new deed simply listed both of their names as grantees, w

Many Florida families worry about Medicaid eligibility  when a loved one has significant savings in the bank. The good news is that excess assets do not have to be fully spent on nursing home care. With proper planning, you can often qualify for benefits while preserving money for family. Lady bird Deeds and Home Protection A lady bird deed  (also known as an enhanced life estate deed ) is a smart way to protect your home. It allows the property to pass directly to your chose

You’ve worked your entire life for your home. You don’t want your kids fighting in probate court. So you think: “I’ll just put the deed in my favorite child’s name now and write in my will that when they sell it, they have to split the proceeds with their siblings.” Stop right there. That plan will almost certainly fail – and your family could lose everything you intended for them. Here’s the harsh truth most people discover too late: A deed beats a will – every single time.

If you're a Florida resident on Medicaid  with a paid-off house , you might worry about losing it to estate recovery after you pass. The good news? You can still get a Lady Bird deed —and you absolutely should. This simple tool keeps your home out of probate, avoids Medicaid claims, and passes it directly to your heirs. In this guide, we'll break down how Lady Bird deeds work for Medicaid recipients, Florida's generous homestead exemptions, and why skipping probate saves you

In the world of estate planning, Lady Bird deeds have become a popular tool for Florida homeowners looking to pass on their property smoothly without the headaches of probate. But a common question arises: When you change your deed to a Lady Bird deed , do you have to pay fees like documentary stamp taxes (doc stamps) or county recording fees? If you're in Florida and considering this option, you're in the right place. This guide breaks it down step by step, based on expert i

In Florida estate planning, one common question stands out: Why not just put real property in a trust to avoid probate?  While a revocable living trust is often the gold standard for transferring assets seamlessly, it isn’t always the most practical or cost-effective choice. Sometimes, adding heirs to a deed with rights of survivorship—or using a Lady bird deed —makes more sense depending on your financial situation, family dynamics, and long-term tax goals. This guide breaks

If you're a joint tenant with rights of survivorship on a property with your parent, and they're receiving government benefits like SSDI or Medicaid, you might worry about what happens to the house after they pass away. A common question is: Can the government come after the house? In this post, we'll break down the key differences between SSI and SSDI, explain why Social Security typically isn't a concern for property liens, and dive into how Medicaid recovery works—especial

In Florida, many people use quitclaim deeds as a simple way to transfer property ownership, especially when planning for the future. A common scenario involves adding family members to the deed to ensure the property passes smoothly without probate. For example, imagine a situation where a mother adds her 34-year-old grandson and 24-year-old granddaughter to her quitclaim deed with survivorship, listing her name first. The big question: Will the property go straight to them w

Navigating Medicaid eligibility can be complex, especially when it comes to understanding how assets like savings accounts and property...

A common question about Lady Bird Deeds  (also known as Enhanced Life Estate Deeds) is when they should be recorded. Below, we explain...

If you're navigating estate planning in Florida, you've likely come across terms like "Lady Bird deed" and "homestead exemption." These...

When planning your estate, you may wonder whether a Lady Bird deed  or a living trust  is the better option for transferring your assets,...

Discover how a revocable living trust in Florida can help your beneficiary avoid capital gains tax with a step-up in basis and bypass probate. Learn the benefits today!

When planning your estate in Florida, a lady bird deed  can be a powerful tool to ensure your property passes smoothly to your loved ones...

When it comes to estate planning, one common question is whether you still need a Lady Bird deed if you already have a trust in place. The answer depends on your goals, the type of assets you own, and where you live.

When planning your estate, understanding the tools available to transfer property to your heirs is crucial. A common question is how a warranty deed differs from a Lady Bird deed and whether a warranty deed can help avoid probate, especially when a will specifies different beneficiaries. In this article, we’ll clarify the differences between these deeds, their impact on inheritance, and how they interact with probate in Florida.

Owning condos in Florida as a married couple? Learn how to title your properties for homestead benefits, probate avoidance, and liability protection. From adding a spouse to a deed to using LLCs for rentals like Airbnbs, discover expert strategies to secure your assets. Consult our Florida attorneys to navigate taxes, HOAs, and estate planning today!