A while back, I made a video about the downsides of Lady Bird deeds in Florida. Thousands of people watched it. And one comment kept showing up again and again:
"I already signed one. Now what?"
This article is my answer. These are real questions from real viewers. At the end, I’ll give you a simple three-point check you can do on your own deed tonight.
First, a Quick Answer: Is a Lady Bird Deed the Same as an Enhanced Life Estate Deed?
Yes. Same thing, two names. "Enhanced life estate deed" is the formal term. "Lady Bird deed" is the nickname.
I also want to be fair here. A Lady Bird deed is not a bad tool. For some families, it is the right one. But it is a tool with sharp edges. If you already signed one, you need to know where those edges are.
Question 1: My Child Is Married. Does the Spouse Have to Sign?
This was the most common question by far. One viewer said he never knew his son and his son’s wife might both have to fly to Florida to sign papers.
To inherit, no. When you pass away, the house goes to your child. Their spouse doesn’t sign anything for that to happen.
To sell, it depends. If your child moves into the house and it becomes their home, Florida’s homestead rules say their spouse must sign too. If your child lives out of state and never moves in, the law may not require the spouse to sign. But the title company has to approve the sale before it can close. Title companies often want the spouse to sign anyway, just to be safe.
Now multiply that. Three children and three spouses, maybe in three different states, can mean up to six signatures in front of a notary before anyone gets paid. And if a child marries after you sign the deed, the same rules apply. The deed can’t see the future.
This is one reason I often use a trust for the house instead. With a trust, one person, the trustee, signs. Read the full answer: Does my child’s spouse have to sign when a Lady Bird deed house is sold?
Question 2: What If One of My Children Dies Before Me?
Many people assume a child’s share just passes to their brothers and sisters. Sometimes that’s true. Sometimes it isn’t. It depends on the exact words in your deed.
A family called me a few months ago with a story I won’t forget. Mom and Dad had a Minnesota transfer on death deed, the Minnesota version of the same idea. When Mom and Dad passed, the kids did everything right. They hired a realtor, found a buyer, closed the sale and got paid.
Then the phone rang. The county refused to record the deed to the buyers.
One of the brothers had died before Mom and Dad. His share did not simply pass to his siblings. So no one had legal power to sign for his share. The family had to open a probate case for their brother, the very thing the deed was supposed to avoid, just to fix a sale that had already closed.
The same kind of problem can happen with a Florida Lady Bird deed that doesn’t say what happens when a child dies first. Read the full answer: What happens if a child named on my Lady Bird deed dies before me?
Question 3: Can I Give the House to One Child and Money to the Others?
You can. But here’s the risk. The deed controls the house. Your will controls the money. They don’t talk to each other.
If the money gets used up, say on years of care, the child with the house still gets the house. The other children may get very little. That’s not what you planned, and it’s how families stop speaking. A trust can hold both the house and the money and keep things fair, even when the numbers change. Read the full answer: Can a Lady Bird deed leave the house to one child and money to the others?
Question 4: Can a Lady Bird Deed Be Contested?
Yes. Skipping probate doesn’t mean skipping court. A family member can still file a lawsuit claiming Mom didn’t understand what she signed, or that someone pressured her into it. That fight then happens in a civil lawsuit, which can cost more than probate would have.
The best protection is planning that shows Mom knew exactly what she was doing, and an attorney who can say so. Read the full answer: Can a Lady Bird deed be contested in Florida?
Question 5: What If There’s a Reverse Mortgage?
A Lady Bird deed doesn’t erase a reverse mortgage. When the owner passes away, the lender gets paid first.
If the loan is bigger than the house is worth, the family can usually sell the house or hand it back and won’t owe the difference. With many reverse mortgages, the family can also keep the house by paying the lower of the loan balance or 95 percent of the home’s appraised value. My advice: call the lender early, before deadlines start running. Read the full answer: What happens to a Lady Bird deed house with a reverse mortgage?
Question 6: Can I Name My Minor Children on a Lady Bird Deed?
Never name a minor child directly on a deed. A child can’t sign to sell a house, so a court may have to get involved until they turn 18. A trust can be named instead.
Once families hear that, many ask a smart question: "If I need a trust anyway, why not just put the house in the trust?" Often, that’s the better answer. Read the full answer: Can I put a minor child on a Lady Bird deed?
What If I Bought My Lady Bird Deed Online?
Search "Lady Bird deed" online and you’ll see ads selling them for a few hundred dollars. Some of those deeds are fine. The problem is that no one reviews them.
No one checks the legal description. No one asks whether you’re married, whether the house is your homestead, or what happens if a child dies first. Florida has special rules about who can receive a homestead when you have a spouse or a minor child. A form can’t ask you those questions. An attorney can. Read the full answer: Is an online Lady Bird deed valid?
Not sure how your deed is written? That’s exactly what we look at in a consultation. Our Florida office is in Venice. Schedule a consultation at Rouletlaw.com or call 941-909-4644.
Your Three-Point Check
Pull out your deed tonight and check three things.
- Does it say what happens if a child dies before you? If you don’t see any wording about that, it’s a problem waiting to happen.
- Are the right people still on it? Marriages, divorces, a child with money problems, a child on disability benefits. Life changes. Your deed doesn’t change with it.
- Does it match your will and the rest of your plan? If your deed sends the house one way and your will sends everything else another way, your family will feel it.
One bonus point: insurance doesn’t follow the house. If your house passes to your children and no one calls the insurance company, a claim can be denied. A federal appeals court ruled exactly that. I tell that whole story in my next article, "Most Homeowners Get This Wrong When Putting a Home in a Trust."
Free Guides for Florida Families
If you’re worried about protecting your home from nursing home costs, download my guide, How to Protect Your Home from Nursing Home Costs. If you’re moving between Minnesota and Florida, download The Florida Snowbird Guide.
The Bottom Line
A Lady Bird deed can work. But it only works if it’s written for your family, not for a family in general.
If you’re in Florida and want an attorney to review your deed and the rest of your plan, schedule a consultation with our Venice office at 941-909-4644 or you can fill out the contact form on this page 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 article is general information, not legal advice. Reading it does not create an attorney-client relationship.
