The Lady Bird Deed is a very popular tool that essentially skips the probate process by adding one or more intended beneficiaries to the deed before the owner passes away. However, it can also cause an estate and the respective beneficiaries unintended problems if not drafted and implemented correctly. If you have a mortgage on your property, your lender may or may not allow a Lady Bird Deed. Also, it can be difficult to undo a Lady Bird Deed, as all persons named on the deed must agree to any changes or removal of beneficiaries. As with all estate planning tools, you cannot bypass a spouse or minor child by way of a executing a Lady Bird Deed as this is prohibited under the Florida Constitution. Of course, there are benefits and additional disadvantages to utilizing this estate planning tool. Speak with an attorney for more information regarding passing assets to beneficiaries.
-Emily A. Helmick, Esq.