By Chuck Roulet, Attorney · Licensed in Florida and Minnesota
Short answer: Yes. A Lady Bird deed avoids probate, but it doesn't avoid lawsuits. A family member who was left off the deed can still go to court and claim the person who signed it didn't understand it or was pressured into it.
"No Probate" Doesn't Mean "No Court"
One viewer made a sharp point. Some family members won't be happy when they find out they were left off the deed. And without probate, there's no judge watching over the process. So can they challenge it?
They can. Skipping probate doesn't mean skipping court.
The Two Most Common Challenges
A family member who wants to undo a Lady Bird deed usually argues one of two things:
- Lack of capacity. Mom didn't understand what she was signing, often because of dementia or illness.
- Undue influence. Someone close to Mom pushed her into signing, often a child who was helping with her care.
Without a probate case, these fights happen in a separate civil lawsuit. A lawsuit like that can take longer and cost more than probate would have.
How to Protect Your Deed
The best protection is planning that shows Mom knew exactly what she was doing. That means:
- An attorney who met with her, asked the right questions, and can testify that she understood her choices
- A plan where the deed fits with her will and the rest of her wishes, so nothing looks out of place
- Keeping the child who benefits out of the room when decisions are made
A deed bought online and signed at the kitchen table has none of those protections. No one can later say what Mom understood or who was in the room.
Watch the Video
I answer this question in my video "I Already Signed a Lady Bird Deed — Now What?" above.
Read the full article: I Already Signed a Lady Bird Deed — Now What?
If you're worried a family member may challenge your plan, schedule a consultation with our Venice, Florida office at 941-909-4644 or you can fill out the contact form and a member of our team will reach out to you.
About the Author
Chuck Roulet is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He has practiced estate planning and elder law for nearly 30 years and is one of very few attorneys licensed in both Minnesota and Florida. Chuck has trained more than 35,000 attorneys and financial professionals as a continuing education speaker and is the author of three books, including The Florida Snowbird Guide. Florida: 941-909-4644 · Minnesota: 763-420-5087 · rouletlaw.com
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
