We provide specialized winterization services to safeguard your pool during the off-season, and when spring arrives, we handle the thorough opening process.
We provide specialized winterization services to safeguard your pool during the off-season, and when spring arrives, we handle the thorough opening process.
Enhanced life estate deeds—commonly called “Lady Bird Deeds”—are a powerful Florida-specific tool that offers Wakulla County homeowners a simple way to transfer property at death while maintaining complete control during life. These special deeds provide an efficient alternative to probate for your most valuable asset—your home. As your local Wakulla attorney, I help neighbors throughout our community protect their property with this practical estate planning solution.
Lady Bird deeds are particularly valuable for Wakulla residents with waterfront homes, family properties, or homesteaded residences. Unlike traditional transfers, these deeds allow you to maintain all your property rights during your lifetime—including the right to sell, mortgage, or change your mind—while ensuring a smooth transition to your chosen beneficiaries without court involvement after your passing.
Creating a Lady Bird deed begins with a thorough review of your current deed and property situation. I’ll help you determine the appropriate beneficiaries and draft a deed with precise legal language that maintains your control while establishing the future transfer. The deed is then properly executed and recorded with the Wakulla County Clerk of Courts, creating a seamless transition plan for your property.
Lady Bird deeds provide unmatched simplicity for transferring Florida real estate. Unlike adding someone to your deed now (which gives them immediate rights and can create tax issues), a Lady Bird deed keeps the property fully yours until death, when it automatically transfers to your chosen beneficiaries.
Wakulla County homeowners benefit from maintaining all current property tax advantages, including homestead exemption, while knowing their property will transfer smoothly outside of probate. This provides peace of mind that your family home or waterfront property will pass to your loved ones without court involvement.
For seniors concerned about potential long-term care needs, Lady Bird deeds can be an important component of Medicaid planning in Florida. Unlike outright transfers or traditional life estates, these deeds provide unique advantages when properly integrated into a comprehensive plan.
As your neighbor and local attorney, I provide Lady Bird deed services tailored specifically to Wakulla County properties. From coastal homes in Shell Point to family homesteads in Crawfordville, I ensure your property transfer plans work perfectly under Florida’s unique laws.
A Lady Bird deed (legally called an enhanced life estate deed) is a special type of deed used in Florida that allows you to transfer your property to beneficiaries upon your death while retaining complete control during your lifetime. Unlike traditional life estates, you maintain the right to sell, mortgage, or change beneficiaries without anyone's permission.
The name originated from President Lyndon B. Johnson, who reportedly used this type of deed to transfer property to his wife, Lady Bird Johnson. While the story may be more legend than fact, the name has stuck in legal circles and is widely recognized in Florida.
Adding someone to your deed gives them immediate ownership interest in your property. This can create potential gift tax consequences and exposes your property to their creditors. It also means you need their permission to sell or mortgage the property. A Lady Bird deed keeps the property fully yours until death with no present interest transfer.
No. Since you retain full ownership rights during your lifetime, you maintain all current property tax benefits, including homestead exemption, Save Our Homes cap, and any senior or veteran exemptions you qualify for.
Absolutely. Unlike a traditional life estate, you maintain complete control, including the right to sell, mortgage, rent, or otherwise use the property without anyone's permission. If you sell the property, the beneficiaries' future interest is simply extinguished.
When you pass away, the property transfers automatically to your named beneficiaries through the deed, without going through probate court. Your beneficiaries simply record your death certificate with the Wakulla County Clerk of Courts, and the property becomes theirs.
Yes. You can name multiple people to receive the property in whatever percentages you choose. You can also specify contingent beneficiaries who would receive the property if your primary beneficiaries predecease you.
In Florida, creating a Lady Bird deed is not considered a transfer that triggers Medicaid's five-year lookback period for eligibility. This makes it a valuable tool for seniors who might need nursing home care in the future. However, Medicaid rules are complex, so this should be discussed as part of a comprehensive plan.
Your beneficiaries receive a "stepped-up basis" for capital gains tax purposes, meaning the property's tax basis becomes its value on the date of your death. This can significantly reduce capital gains taxes if they later sell the property—a major advantage over adding someone to your deed during your lifetime.
Generally, no. Since you maintain ownership, your existing title insurance typically remains in effect. However, your beneficiaries might want to obtain a new policy after they inherit the property.
Lady Bird deed services start at $450 for a single property in Wakulla County. This includes consultation, preparation of the deed with proper legal language, assistance with signing, and recording with the Wakulla County Clerk of Courts.
Each tool has advantages. Lady Bird deeds are simple and affordable for transferring real estate specifically. Wills require probate but can address all your assets. Trusts avoid probate for multiple assets but are more complex and expensive to establish. As your local attorney, I can help determine which approach best suits your specific situation.
While any legal document can potentially face challenges, Lady Bird deeds are generally quite secure when properly drafted and executed. Working with a knowledgeable local attorney ensures your deed contains the precise legal language required under Florida law.
The process typically takes 1-2 weeks from our initial consultation to recording the completed deed with the Wakulla County Clerk of Courts. However, I can expedite the process if needed for urgent situations.
Yes. Under Florida's constitution, both spouses must sign any deed affecting homestead property, even if only one spouse is on the title. This protects spousal homestead rights under Florida law.