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Lady Bird Deed

lady bird deed, or enhanced life estate, allows a property owner (grantor) to retain full control during their lifetime while choosing a beneficiary who inherits the property upon the grantor's death.[1]
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By State (5)

Currently valid in the following states:

Transfer on Death Deed (TODD) – Performs the same function as a lady bird deed under a different name (legal in 33 States).

Main Benefits

  • Avoids Probate. Transfers directly to the beneficiaries after death.[2]
  • Medicaid Planning. Protects the property from Medicaid recovery.[3]
  • Right to Use. Use the property however the owner wants.[4]
  • Revocable. Can be changed or terminated at any time.[5]
  • Sale or Lease. To lease or sell the property while retaining all proceeds.[6]
  • Step-up Basis. Beneficiary can use the property’s value at the grantor’s time of death (meaning they pay capital gains based on that stepped-up value.)[7][8]

How to File a Lady Bird Deed

1. Choose Beneficiaries

The beneficiaries (grantees) are the individuals designated to receive the property upon the owner’s (grantor’s) death.

The grantor must decide who these recipients will be.

2. Fill in the Form

Contents (must include):

  • Grantor’s Name and Address
  • Grantee’s Name and Address
  • Preparer’s Name and Address (if applicable)
  • Property Description (property address and legal description)

3. Signing

A lady bird deed must be signed in accordance with State law. The grantor is the only party who must sign but must do so in the presence of witnesses and/or a notary public.

Signing Requirements

  • Florida – Two witnesses and a notary public.[9][10]
  • Michigan – Notary public.[11]
  • Texas – Notary public.[12]
  • Vermont – Notary public.[13]
  • West Virginia – Notary public[14]

4. Filing with Recorder

To be made public, a lady bird deed must be filed with the respective local recording office. The grantor should bring a blank check or contact the recorder for the filing fees (usually based on the number of pages).

Sample

Download: PDF, MS Word, ODT