First Coast News’ recent article entitled “Deed named for former first lady could be key to planning your estate” explains that a strategy that is available in Florida and a few other states is called an enhanced life estate or a “Lady Bird” deed, named after former First Lady, Lady Bird Johnson.
This deed states that when I die, you get the property, but until then, I reserve all rights to do whatever I want with it. That contrasts with a traditional life estate where a property owner can plan for one or more others to inherit their house.
Typically, the person with a life estate has a lot less control over what happens in the future, including potentially being thwarted by the very person you are tapping to receive your property at your death, in case you decide you no longer want the house while you are still alive.
The problem is, now you want to sell the property, but since they are a co-owner, they can refuse. And there is nothing you can do about it.
Enhanced life estates are also about protecting property and its eventual recipient from creditors after the death of the owner. That is the benefit of avoiding probate. Medicaid or any other creditor may become a creditor in probate.
A Lady Bird deed supersedes a will.
But there are downsides to the Lady Bird deed. A big drawback is if you change your mind. You have to now record another deed in the public record to remove that, and every deed that you record creates one thing that could go wrong.
However, this can be true of any change made in hope of overriding an earlier estate decision, and Lady Bird deeds are fairly straightforward.
Ask an experienced estate planning attorney if this type of arrangement is available in your state.
Reference: First Coast News (July 19, 2021) “Deed named for former first lady could be key to planning your estate”