FAQ

A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a specialized legal document that allows a property owner (Grantor) to automatically transfer their real estate to named beneficiaries (Remaindermen) upon the owner's death, thereby avoiding the cost and delays of probate. Crucially, the owner retains the right to sell, mortgage, or otherwise use the property without the beneficiaries' consent while they are alive.

No. While it handles the transfer of a specific piece of real estate, a Lady Bird Deed is not a complete estate plan. It does not appoint a Personal Representative, recommend guardians for minor children, or handle any other assets (bank accounts, vehicles, investments, etc.). It should be used as one component of a comprehensive estate plan, along with a Will and other necessary documents.

We can currently e-file your Lady Bird Deed directly with the Clerk of Court in the following 19 Florida counties for faster recording:

Alachua

Broward

Charlotte

Clay

Flagler

Gulf

Hardee

Hillsborough

Indian River

Lee

Miami-Dade

Monroe

Okaloosa

Orange

Palm Beach

Pasco

Pinellas

Sumter

Wakulla

For deeds in all other Florida counties, we will prepare the completed, notarized document and provide you with instructions for submitting it to your local county recorder's office.

A properly executed Lady Bird Deed may offer protection against future Medicaid estate recovery claims, provided certain rules are followed. However, this is a highly complex area of law. Our simple deed preparation service is not intended to provide Medicaid planning advice. If Medicaid eligibility or recovery is a primary concern, you should consult with an attorney specializing in that type of law.

Our simple package is designed to provide you with the core legal documents required by most Florida residents: Simple Last Will and Testament, Durable Power of Attorney, Health Care Surrogate Designation, and Living Will

A Simple Last Will and Testament is a foundational legal document used to direct how your assets are held solely in your name (and do not have a beneficiary designation of some sort) will be distributed upon your death. The primary purposes of a will are generally to name a person to be responsible for handling your estate when you pass, to specify who inherits your assets, and to nominate guardians in the event of your passing if you have minor children.

Our simple Will service is designed for estates that do not require complex tax planning, detailed trust instruments (like revocable living trusts), complex provisions for business succession, or handling assets outside of the United States. If your estate has significant tax concerns or highly specialized needs, a full estate planning consultation would be required instead.

A Durable Power of Attorney (DPOA) is a crucial document that grants another individual (your Agent or Attorney-in-Fact) the legal authority to handle your financial, legal, and business affairs on your behalf.

In Florida, "Durable" means the authority granted to your Agent remains effective (or "durable") even if you become incapacitated or mentally unable to manage your own affairs. This is its most critical function. Without a DPOA, if you become incapacitated, your loved ones may have to go to court to establish a costly and time-consuming guardianship to manage your finances.

A DPOA can grant broad or limited powers, which are specified in the document. Common powers include the ability to manage bank accounts, pay bills, handle investments, file taxes, and handle real estate transactions.

A Designation of Health Care Surrogate is a vital legal document that allows you (the Principal) to formally appoint a trusted person (the Surrogate) to make medical decisions on your behalf if your primary physician determines that you lack the capacity to make those decisions yourself. This document can ensure that your wishes are followed, help to avoid family conflicts, and allow access to medical records for your loved ones.

A Living Will is a legal document that expresses your desires regarding the use of life-prolonging procedures if you are suffering from a terminal condition, an end-stage condition, or are in a persistent vegetative state. It is your voice, communicating your wishes to your medical providers and your Health Care Surrogate when you cannot speak for yourself.

We utilize secure, Florida-approved Remote Online Notary (RON) services, such as NotaryHub.com, to allow you to legally execute your documents (including Deeds and Power of Attorney) from your home or anywhere in Florida. We share a link to your final documents via the RON platform. You schedule a time slot. Before the meeting, you pass a secure, knowledge-based authentication (KBA) test and present your government-issued ID for credential analysis, as required by Florida Statute $\S$ 117.201 et seq. You and a licensed Florida remote notary meet via live, two-way audio-video communication. You apply your electronic signature, and the notary applies their digital seal and signature. The entire session is recorded and securely stored. The finalized, legally binding electronic document is available almost instantly.

Yes. If you prefer to sign in person, we are happy to schedule an appointment for execution at our office location in Broward County, Florida. You will need to bring the necessary witnesses (if required for the Will) and proper identification.

While a Revocable Living Trust is an excellent estate planning tool, for many Florida homeowners, a properly executed Lady Bird Deed (Enhanced Life Estate Deed) achieves the primary benefit of the Trust—probate avoidance—without the complexity, cost, and administrative burden.

Yes, while most people can easily avoid probate without a trust, there are many reasons why a trust could be beneficial. For instance, if you own out of state real estate that is in a jurisdiction that does not allow lady bird deeds, a trust would allow you to avoid having to open up multiple probates in different states. If you want to plan for multigenerational control of your wealth, a trust can be a great vehicle. If you have minor children a trust can be a good vehicle manage their assets until you feel they would be old enough to begin taking care them. We generally recommend building this trust into a last will and testament. This would allow your children to remain protected, but would not force you to retitle all of your assets and manage a trust for the rest of your life. We are always available to discuss this further if you would like to discuss your unique situation and the benefits and drawbacks of a trust.