Florida Ladybird Deed Form: Complete Guide & Download Instructions for 2025 

What is a Florida Ladybird Deed?

A Florida ladybird deed, officially known as an enhanced life estate deed, is one of the most powerful estate planning tools available to Florida property owners. This specialized deed allows you to transfer your real estate to beneficiaries while retaining complete control of the property during your lifetime - including the unrestricted right to sell, mortgage, lease, or even revoke the transfer entirely without anyone's permission or signature.

Unlike traditional life estate deeds that severely restrict the grantor's control, Florida ladybird deed forms preserve your absolute ownership rights while automatically transferring the property to your named beneficiaries upon your death, completely avoiding probate court. This unique feature makes ladybird deeds the gold standard for Florida real estate planning.

The name "ladybird deed" reportedly comes from President Lyndon B. Johnson, who used this type of deed to transfer property to his wife, Lady Bird Johnson. Florida is one of only five states (along with Michigan, Texas, Vermont, and West Virginia) that fully recognizes and allows enhanced life estate deeds, making this an exclusive Florida advantage for estate planning.

Download your Florida ladybird deed forms now: Get Instant Access for $18

Why Use Florida Ladybird Deed Forms?

Primary Benefits of Enhanced Life Estate Deeds in Florida

1. Complete Probate Avoidance Florida probate is expensive and time-consuming. When you die with a ladybird deed in place, your property transfers automatically to your beneficiaries without any probate court involvement. No attorney fees, no court costs, no delays - your family simply files your death certificate with the county clerk to claim ownership.

2. Retain Absolute Control During Life Unlike irrevocable trusts or traditional life estates, you maintain 100% control with a ladybird deed:

• Sell the property and keep all proceeds - no beneficiary permission required

• Mortgage or refinance without restrictions or signatures

• Lease to tenants and collect all rental income

• Make improvements, changes, or modifications

• Revoke the deed entirely if circumstances change

• Change beneficiaries at any time

• Live in and use the property freely

3. Medicaid Planning Protection Florida ladybird deeds offer significant advantages for Medicaid planning:

• May help avoid Medicaid estate recovery in many situations

• Property generally not counted as a transfer for look-back purposes

• Preserve homestead exemption during your lifetime

• Maintain eligibility while planning for inheritance

• Protect family home from nursing home costs

4. Homestead Tax Benefits When properly structured with qualifying family members as beneficiaries:

• Maintain homestead exemption during your lifetime (up to $50,000)

• Preserve Save Our Homes assessment cap (maximum 3% annual increase)

• Potential portability of assessment difference

• Continue receiving senior exemption if eligible

• No property tax increase upon transfer at death

5. Capital Gains Tax Advantages Your beneficiaries receive a "stepped-up basis" equal to the property's fair market value at your death, potentially eliminating capital gains taxes:

Example:

• Property purchased: 1985 for $50,000

• Value at death: $500,000

• Appreciation: $450,000

If gifted during life:

• Beneficiary's basis: $50,000 (carryover basis)

• If sold for $500,000: $450,000 taxable gain

• Capital gains tax: ~$90,000+ (federal + state if applicable)

If transferred at death via ladybird deed:

• Beneficiary's basis: $500,000 (stepped-up)

• If sold for $500,000: $0 taxable gain

• Tax savings: $90,000+

6. Creditor Protection The property is generally protected from your creditors and from beneficiaries' creditors during your lifetime, providing an extra layer of asset protection.

7. Privacy and Simplicity Unlike wills that become public records through probate:

• Ladybird deeds maintain privacy

• No public court proceedings

• No published notices

• Simple transfer process

• Family matters stay private

Florida Ladybird Deed Requirements

To create a valid enhanced life estate deed in Florida, you must comply with specific legal requirements:

Essential Elements of a Valid Florida Ladybird Deed

1. Enhanced Life Estate Language The deed must include specific language reserving your complete rights to:

• Convey, sell, or transfer the property without consent

• Mortgage or encumber the property freely

• Lease the property and collect rents

• Modify or revoke the deed unilaterally

• Retain all income, proceeds, and possession

This "retained powers" language is what distinguishes a ladybird deed from a traditional life estate.

2. Proper Grantor Identification The current owner (you) must be clearly identified with:

• Complete legal name as shown on current deed

• Marital status

• Full mailing address

3. Clear Remainder Beneficiary Designation Name your remainder beneficiaries (those who will inherit) with:

• Complete legal names

• Mailing addresses

• How they will take ownership (joint tenants, tenants in common, etc.)

• Relationship to you (optional but helpful)

4. Complete Legal Description Include the full legal description of the property from:

• Your current deed

• Property tax statement

• Title insurance policy

• County property appraiser records

5. Proper Execution

• Signed by the grantor (life tenant)

• Signed by two witnesses

• Notarized before a Florida notary public

• All Florida statutory requirements met

6. Recording File with the clerk of the circuit court (official records) in the county where the property is located

7. Documentary Stamp Tax Pay required Florida documentary stamp taxes when recording

How to Complete a Florida Ladybird Deed Form: Step-by-Step

Step 1: Gather Required Information

Before completing your enhanced life estate deed form, collect:

Property Information:

• Current deed (for exact legal description)

• Property tax statement (for folio number)

• Property address

• County location

• Outstanding mortgage information (if any)

Party Information:

• Your complete legal name (as shown on current deed)

• Your marital status

• Your complete mailing address

• Beneficiaries' complete legal names

• Beneficiaries' mailing addresses

• Beneficiaries' relationship to you

Supporting Documents:

• Government-issued photo ID

• Proof of current ownership

• Marriage certificate (if applicable)

Step 2: Download or Obtain Florida Ladybird Deed Forms

Use Florida-specific enhanced life estate deed forms that comply with Florida Statutes Chapter 689 and include all necessary retained powers language.

Get comprehensive Florida ladybird deed forms for only $18: Download Professional Forms Now

Step 3: Complete the Preparer Information

Prepared By: Include the name and address of the person who prepared the deed:

• Your name (if self-prepared)

• Attorney name and Florida Bar number (if attorney-prepared)

• Complete mailing address

Return To: Specify where the recorded deed should be returned after recording.

Step 4: Identify Yourself as the Life Tenant/Grantor

State your complete legal name exactly as it appears on your current deed:

Examples:

Single Owner: "Robert James Martinez, an unmarried man, whose mailing address is 123 Ocean Drive, Miami Beach, Florida 33139"

Married Couple: "Michael David Thompson and Jennifer Lynn Thompson, husband and wife, whose mailing address is 456 Palm Avenue, Tampa, Florida 33602"

Widow/Widower: "Mary Elizabeth Johnson, a widow, whose mailing address is 789 Gulf Boulevard, Clearwater, Florida 33767"

Critical: Your name must match your current deed exactly to maintain chain of title.

Step 5: Name Your Remainder Beneficiaries

Clearly identify who will inherit the property upon your death:

Single Beneficiary: "To Sarah Ann Martinez, whose mailing address is 456 Oak Avenue, Orlando, Florida 32801, as remainder beneficiary."

Multiple Beneficiaries (Equal Shares as Joint Tenants): "To Michael David Brown and Jennifer Lynn Brown, whose mailing address is 789 Elm Street, Jacksonville, Florida 32202, in equal shares as joint tenants with full rights of survivorship."

Multiple Beneficiaries (Unequal Shares as Tenants in Common): "To Christopher Lee, a 60% undivided interest, whose mailing address is 321 Pine Road, Fort Myers, Florida 33901, and to Rebecca Ann Lee, a 40% undivided interest, whose mailing address is 654 Cedar Lane, Naples, Florida 34102, as tenants in common."

Critical Decision - Joint Tenants vs. Tenants in Common:

Joint Tenants with Rights of Survivorship:

• When one beneficiary dies, their interest passes to surviving joint tenant(s)

• Property avoids probate even after your death

• All beneficiaries must have equal shares

Tenants in Common:

• Each beneficiary owns a specific percentage share

• When one beneficiary dies, their share passes through their estate

• Shares can be unequal

• Each share may go through probate

Step 6: Insert the Enhanced Life Estate Granting Language

This is the most critical component of a Florida ladybird deed. The deed must explicitly state that you retain complete powers:

Required Florida Enhanced Life Estate Language:

"The Grantor reserves unto himself/herself/themselves, for his/her/their lifetime(s), an enhanced life estate in the above-described property, together with full power and authority in the Grantor to manage, sell, convey, mortgage, lease, or otherwise deal with or dispose of the property, in whole or in part, without joinder, approval, or consent of the Remainder Beneficiary(ies), and to retain all proceeds therefrom. The Grantor shall have the absolute right and power to revoke this conveyance at any time during the Grantor's lifetime by recording a revocation in the Public Records of [County Name] County, Florida."

Alternative Acceptable Language:

"Grantor reserves an enhanced life estate, with full right, power, and authority, without joinder or consent of the Remainder Beneficiary(ies), to manage, control, mortgage, encumber, sell, convey, lease, and otherwise deal with and dispose of the property during Grantor's lifetime, and to retain all income and proceeds therefrom. This enhanced life estate includes the absolute power to revoke this deed."

Without this language, you create a traditional life estate with severe restrictions on your control.

Step 7: Include the Complete Legal Description

Copy the legal description exactly from your current deed:

Example Formats:

Platted Property (Subdivision): "Lot 15, Block 3, PALM BEACH GARDENS ESTATES, according to the plat thereof as recorded in Plat Book 67, Pages 45-46, of the Public Records of Palm Beach County, Florida."

Unplatted Property (Section, Township, Range): "The South Half of the Northeast Quarter of Section 24, Township 26 South, Range 19 East, Collier County, Florida."

Condominium: "Unit 304, Building 2, OCEANVIEW TOWERS CONDOMINIUM, a condominium, according to the Declaration of Condominium recorded in Official Records Book 4567, Page 890, of the Public Records of Broward County, Florida."

Critical: Even minor errors can invalidate the deed or create title problems.

Step 8: Add Property Address and Identification

After the legal description, include:

"Property Address: 1234 Sunset Drive, Fort Lauderdale, Florida 33301

Folio Number: 50-43-21-12-00-0123.4567

Located in Broward County, Florida"

Step 9: Include Homestead Consideration (If Applicable)

If the property is your homestead and you're married, include:

"The undersigned spouse of Grantor hereby joins in the execution of this deed for the purpose of waiving, releasing, and relinquishing all rights of homestead and dower in and to the above-described property as to the remainder interest only, but not as to the enhanced life estate reserved by Grantor."

Step 10: Execute with Two Witnesses and Notary

Signature Section:

Florida requires the grantor's signature to be witnessed by two witnesses:

Signed, Sealed and Delivered in the Presence of:

_________________________________     _________________________________

Witness #1 Signature                  [Grantor Name], Life Tenant Grantor

_________________________________

Witness #1 Printed Name

_________________________________     _________________________________

Witness #2 Signature                  [Spouse Name], Spouse (if applicable)

_________________________________

Witness #2 Printed Name

Both witnesses must be present and watch the grantor sign the deed.

Step 11: Florida Notary Acknowledgment

The notary must use proper Florida statutory acknowledgment:

STATE OF FLORIDA

COUNTY OF [County Name]

     The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this _____ day of __________, 20___, by [Grantor Name] and [Spouse Name, if applicable], who is/are personally known to me or who has/have produced _________________ as identification.

                                  _________________________________

                                  Signature of Notary Public

                                  _________________________________

                                  Print, Type, or Stamp Name of Notary

[Notary Seal]                     Notary Public, State of Florida

                                  My Commission Expires: __________

                                  Commission Number: __________

Step 12: Calculate Documentary Stamp Tax

Florida requires documentary stamp taxes on the transfer of the remainder interest:

Calculation: The tax is typically calculated on the present value of the remainder interest, which is often nominal for elderly grantors. Consult with the clerk of court or tax professional for proper calculation.

Common approach: Many practitioners calculate tax on nominal consideration ($100) for the remainder interest when life tenant retains enhanced life estate.

• $100 ÷ 100 = 1 × $0.70 = $0.70

However, practices vary by county. Check with your county clerk's office.

Step 13: Record with Clerk of Circuit Court

Critical Requirement: The ladybird deed is NOT valid unless recorded BEFORE your death.

Recording Process:

1. Take original signed, witnessed, and notarized deed to clerk of circuit court

2. Include payment for recording fees and documentary stamp tax

3. Pay recording fee (typically $10-30 depending on pages)

4. Request certified copy

5. Keep certified copy in safe place

Recording Location: Clerk of circuit court (official records) in the county where the property is located.

Florida Ladybird Deed Forms and Templates

Finding Reliable Florida Enhanced Life Estate Deed Forms

When searching for Florida ladybird deed forms to download, quality and accuracy are critical. Many websites offer free templates, but using improper forms can result in serious problems:

Risks of Inadequate Forms:

• Missing essential "retained powers" language (converts to regular life estate)

• Non-compliance with Florida Statutes Chapter 689

• Improper formatting for recording

• No guidance on execution requirements

• Potential invalidity of the entire deed

• Recording rejections by county clerk

• Title insurance problems

• Unintended Medicaid consequences

• Loss of control during lifetime

Professional Florida Ladybird Deed Forms Package - Only $18

For just $18, get professionally prepared Florida enhanced life estate deed forms with comprehensive guidance:

What's Included:

• Florida-specific ladybird deed templates complying with Chapter 689

• All required "retained powers" language

• Detailed step-by-step completion instructions

• Sample completed deeds for various situations

• Recording requirements checklist for all 67 Florida counties

• Homestead considerations guidance

• Documentary stamp tax calculation help

• Revocation deed templates (if you need to cancel)

• Medicaid planning considerations

• Downloadable PDF and editable Word formats

• Instant digital access after purchase

Download comprehensive Florida ladybird deed forms for only $18: Get Professional Package

Florida Ladybird Deed vs. Other Estate Planning Tools

Ladybird Deed vs. Traditional Life Estate Deed

Traditional Life Estate:

• Life tenant cannot sell without remainder beneficiary consent

• Cannot mortgage without beneficiary approval

• Creates immediate gift tax consequences

• Beneficiaries receive carryover basis (no step-up)

• Exposes property to beneficiary's creditors immediately

• Cannot be revoked

Florida Ladybird Deed:

• Complete control retained by life tenant

• Can sell, mortgage, or lease freely without anyone's permission

• No immediate gift tax consequences

• Beneficiaries receive stepped-up basis

• Limited creditor exposure during life

• Fully revocable

Winner: Ladybird deed provides far superior flexibility and control.

Ladybird Deed vs. Revocable Living Trust

Revocable Living Trust:

• Avoids probate for all assets in trust

• Provides incapacity planning

• Privacy for all assets

• Controls distribution terms and timing

• Requires ongoing administration

• Must retitle all assets to trust

• More expensive to create ($2,000-$5,000+)

• Annual maintenance considerations

Florida Ladybird Deed:

• Avoids probate for specific real estate only

• No incapacity planning

• Privacy for real estate transfer

• Simple: property goes directly to beneficiaries

• No ongoing administration needed

• One-time recording per property

• Less expensive ($200-800, or just $18 for DIY forms)

• No maintenance required

Winner: Depends on circumstances. Trusts for complex estates; ladybird deeds for simple real estate planning.

Ladybird Deed vs. Quitclaim Deed

Quitclaim Deed:

• Immediate transfer of ownership

• Grantor loses all control immediately

• Cannot be reversed without beneficiary cooperation

• Triggers immediate gift tax reporting

• Beneficiary receives carryover basis (no step-up)

• Creates Medicaid transfer penalty period

• Property exposed to beneficiary's creditors immediately

• Beneficiary's divorce can affect property

Florida Ladybird Deed:

• Transfer at death only

• Grantor retains complete control

• Can be revoked anytime

• No immediate gift tax consequences

• Beneficiary receives stepped-up basis

• No Medicaid transfer penalty

• Property protected from beneficiary creditors during life

• Beneficiary's personal issues don't affect property

Winner: Ladybird deed provides dramatically better protection and flexibility.

Need a Florida quitclaim deed for immediate transfer instead? Get Quitclaim Forms for $10

Florida Ladybird Deed and Medicaid Planning

Why Ladybird Deeds Are Powerful for Medicaid Planning

Long-term care costs in Florida can exceed $8,000-$12,000 per month for nursing home care. Many seniors rely on Medicaid to cover these costs, but Medicaid has strict asset limits and estate recovery provisions.

Traditional Medicaid Planning Problem:

• Transfer property to children = 5-year look-back penalty

• Keep property = Medicaid estate recovery after death

• Traditional life estate = lose control, create gift tax issues

Ladybird Deed Solution: Florida ladybird deeds offer unique advantages for Medicaid planning:

Medicaid Look-Back Period

When you create a ladybird deed, you're arguably not making a completed gift because you retain:

• The right to revoke at any time

• The right to sell and keep all proceeds

• Complete control over the property

• The right to change beneficiaries

Result: Many Medicaid planning attorneys argue ladybird deeds don't trigger Medicaid's 5-year look-back penalty because you haven't completed a gift. However, this is a complex, evolving area of law.

Medicaid Estate Recovery

After a Medicaid recipient dies, Florida's Agency for Health Care Administration (AHCA) seeks reimbursement for Medicaid benefits paid. However, property transferred via ladybird deed may avoid estate recovery because:

• The property doesn't go through probate

• May not be considered part of the "estate" for recovery purposes

• Transfers automatically at death to beneficiaries

• Florida Statutes Section 409.9101 limits recovery to probate estate

Important Caution: Medicaid planning with ladybird deeds is complex and AHCA's position may evolve. Always consult an experienced Florida elder law attorney before using ladybird deeds for Medicaid planning.

Homestead Exemption Preservation

While alive with a ladybird deed, you continue to qualify for:

• Florida homestead exemption (up to $50,000)

• Save Our Homes assessment cap (maximum 3% annual increase)

• Senior citizen exemption (additional $50,000 if 65+)

• Widow/widower exemption

• Disability exemption

• Veterans exemption

This preserves valuable property tax benefits during your lifetime.

Common Mistakes with Florida Ladybird Deed Forms

Mistake #1: Using Generic or Non-Florida Forms

Ladybird deeds are highly state-specific. Using forms from other states or generic templates can result in:

• Missing Florida-specific retained powers language

• Non-compliance with Florida recording requirements

• Invalid deed structure

• Loss of intended benefits

• Recording rejection

Solution: Use Florida-specific ladybird deed forms prepared for Florida law. Get proper forms for only $18: Download Now

Mistake #2: Insufficient Retained Powers Language

The most critical error is failing to include comprehensive retained powers language:

The Problem: Without explicit retention of all rights, you've created a traditional life estate, which:

• Requires beneficiary consent to sell

• Triggers immediate gift tax consequences

• Eliminates stepped-up basis benefits

• Cannot be revoked

• Severely restricts your control

Solution: Ensure your form includes complete enhanced life estate language preserving ALL rights to sell, mortgage, lease, and revoke.

Mistake #3: Incorrect Legal Description

Even minor errors in property description can:

• Invalidate the deed

• Transfer wrong property

• Create recording problems

• Cause title insurance issues

• Result in expensive corrections

Solution: Copy legal descriptions exactly from your current deed. If uncertain, obtain legal description from:

• Title company

• County property appraiser

• Survey

• Attorney or title professional

Mistake #4: Not Recording the Deed

An unrecorded ladybird deed is completely invalid under Florida law:

The Problem:

• Deed has no legal effect if not recorded

• Property goes through probate

• Named beneficiaries have no claim

• Will controls (or intestacy laws if no will)

Solution: Record immediately after execution. Recording fees are minimal ($15-30). Don't wait.

Mistake #5: Missing Witnesses or Improper Notarization

Florida requires TWO witnesses in addition to notarization:

Common Errors:

• Only getting notarization without witnesses

• Using only one witness instead of two

• Witnesses not present when grantor signs

• Wrong Florida acknowledgment form

• Notary commission expired

Consequences:

• Deed is invalid

• Recording may be accepted but transfer won't work

• Must re-execute entire deed

Solution: Have two witnesses watch you sign, then have them sign, then get notarized - in that order.

Mistake #6: Improper Beneficiary Designation

Problems occur when you:

• Use only first names

• Omit middle names or suffixes

• Fail to specify ownership type (joint tenants vs. tenants in common)

• Name deceased beneficiaries

• Create ambiguous descriptions

Solution: Use complete legal names and clearly specify how multiple beneficiaries will hold title.

Mistake #7: Not Coordinating with Overall Estate Plan

Ladybird deeds can conflict with other estate planning documents:

Common conflicts:

• Will leaves property to different person than ladybird deed names

• Trust document assumes property will be in trust

• Multiple ladybird deeds on same property with different beneficiaries

• Power of attorney conflicts

• Family expectations don't match deed terms

Solution: Coordinate all estate planning documents. Review entire estate plan when creating ladybird deed.

Mistake #8: Naming Minors as Beneficiaries

Naming minor children (under 18) as remainder beneficiaries creates problems:

Issues:

• Minors can't legally take title to real property

• Court-supervised guardianship required

• Defeats purpose of avoiding probate

• Expensive court proceedings

• Property can't be managed efficiently

Solution: Either:

• Create trust for minors and name trust as beneficiary

• Name adult as custodian under Florida Uniform Transfers to Minors Act

• Use living trust instead of ladybird deed

• Wait to execute until children are adults

Mistake #9: Forgetting About Existing Mortgages

Ladybird deeds don't remove mortgage obligations:

What happens:

• Property transfers to beneficiaries subject to mortgage

• Loan remains on property

• Monthly payments still due

• Beneficiaries must pay or face foreclosure

Due-on-Sale Clause Concerns:

• Most mortgages have due-on-sale clauses

• Lender may demand full payment upon transfer

• Federal law (Garn-St. Germain Act) exempts certain family transfers to relatives upon death

Solution: Discuss mortgage situation with beneficiaries in advance. Consider whether they can afford payments. Possibly pay off mortgage before death or maintain life insurance to cover it.

Mistake #10: Not Updating After Life Changes

Life changes but ladybird deed stays the same:

Common scenarios:

• Beneficiary dies before you (their interest lapses or goes to their estate)

• Divorce (ex-spouse may still be beneficiary)

• New marriage (new spouse not included)

• Birth of children or grandchildren

• Relationship deterioration with beneficiary

• Financial situations change

Solution: Review ladybird deed every 3-5 years and after major life events. Revoke and create new deed as needed.

After Your Death: What Your Beneficiaries Need to Do

Transfer Process for Beneficiaries

When you die, beneficiaries must take specific steps to claim ownership:

Step 1: Obtain Certified Death Certificate

Get multiple certified copies (not photocopies):

• From funeral home

• County health department

• Florida Department of Health

Quantity needed:

• At least 10-15 certified copies

• One for county clerk

• One for each lender, insurance company, etc.

• Keep extras

Step 2: Prepare Affidavit of Death (Optional but Recommended)

While not required, many title companies request an affidavit stating:

• Life tenant's name

• Date of death

• That ladybird deed was in effect at death and not revoked

• Beneficiary information

Step 3: Record Death Certificate

File with the clerk of circuit court (official records) where property is located:

• Certified death certificate

• Affidavit of death (if used)

• Recording fee: typically $10-30

This establishes beneficiary's ownership in public records.

Step 4: Update Property Records

Contact:

• Property appraiser (to update ownership and apply for homestead if applicable)

• Homeowners insurance company

• Utility companies

• Homeowners association (if applicable)

• Mortgage company (if property has loan)

Step 5: Apply for Homestead Exemption (If Occupying)

If beneficiary will occupy as primary residence:

• File for homestead exemption with property appraiser

• Deadline: March 1st of tax year

• Save Our Homes benefit starts fresh at new assessed value

Step 6: Address Any Outstanding Mortgage

If property has mortgage:

• Loan remains on property

• Beneficiaries can continue payments

• Or refinance in beneficiaries' names

• Or sell property and pay off loan

• Contact lender about options

Step 7: Obtain Title Insurance (if Selling)

If beneficiaries plan to sell:

• Work with title company

• Obtain title report

• Clear any title issues

• Purchase owner's title insurance

No Probate Required

The beauty of Florida ladybird deeds is that beneficiaries take ownership immediately without probate:

What Beneficiaries DON'T Need:

• Probate court proceedings

• Letters of administration

• Attorney representation (usually)

• Court approval

• Bond posting

• Waiting periods (6-18+ months)

• Publication of notices

• Executor appointment

• Inventory and appraisal requirements

Time Savings: Days instead of 12-24+ months Cost Savings: Minimal fees instead of $5,000-$30,000+ in probate costs

Revoking or Modifying a Florida Ladybird Deed

Your Right to Revoke

One of the greatest advantages of Florida ladybird deeds is complete revocability. You can change your mind at any time for any reason.

Common Reasons to Revoke:

• Changed relationship with beneficiaries

• Need to sell property

• Want to add or remove beneficiaries

• Marriage, divorce, or other life changes

• Financial circumstances changed

• Beneficiary predeceased you

• Better estate planning strategy identified

• Want to move property into trust instead

Methods of Revocation Under Florida Law

Method 1: Execute a Revocation Deed Create a formal revocation document that:

• References the original ladybird deed (recording book and page or CFN)

• Clearly states intent to revoke

• Is signed, witnessed (two witnesses), and notarized

• Is recorded in same county as original deed

Method 2: Execute a New Ladybird Deed Simply deed the property to yourself (or another party) in fee simple. This automatically revokes the previous ladybird deed.

Method 3: Sell the Property When you exercise your reserved power to sell, the ladybird deed is automatically revoked and beneficiaries' interest is terminated.

Important: Always record the revocation or new deed. Unrecorded revocations are not effective.

Florida Ladybird Deed Forms Checklist

Before recording your Florida ladybird deed, verify:

Document Preparation:

• [ ] Florida-specific ladybird deed form used

• [ ] Preparer information completed

• [ ] Return address provided

• [ ] Your name exactly matches current deed

• [ ] Spouse's name included if married

• [ ] Your address included

• [ ] Beneficiaries clearly identified

• [ ] Beneficiary addresses included

• [ ] Ownership type specified for multiple beneficiaries

• [ ] Enhanced life estate language included

• [ ] Retained powers clause comprehensive

• [ ] Legal description copied exactly

• [ ] Property address included

• [ ] Folio number included

• [ ] County identified

• [ ] Homestead consideration addressed if applicable

Execution Preparation:

• [ ] Two witnesses arranged

• [ ] Government-issued ID ready

• [ ] Notary appointment scheduled

• [ ] All parties available to sign

• [ ] Questions about deed answered

Recording Preparation:

• [ ] Documentary stamp tax calculated

• [ ] Recording fees calculated

• [ ] Payment method ready

• [ ] Return address provided

• [ ] Certified copy requested

Post-Recording:

• [ ] Deed recorded

• [ ] Certified copy obtained for records

• [ ] Copy provided to beneficiaries

• [ ] Copy stored with estate planning documents

• [ ] Beneficiaries informed of their interest

• [ ] Coordinated with overall estate plan

Frequently Asked Questions About Florida Ladybird Deeds

Can I use a ladybird deed if I have a mortgage?

Yes, you can create a ladybird deed even with an existing mortgage. The mortgage remains on the property, and the ladybird deed doesn't trigger the due-on-sale clause because you're not transferring current ownership - only a future remainder interest.

Important considerations:

• You remain liable for mortgage payments

• Beneficiaries take property subject to the mortgage

• Mortgage must be paid off eventually

• Federal law protects transfer to relatives upon death

Do beneficiaries have any rights while I'm alive?

No. Beneficiaries have absolutely no current rights to the property. You maintain complete control, including the power to:

• Sell and keep all proceeds

• Mortgage or refinance

• Lease to tenants

• Make all property decisions

• Revoke the deed entirely

Beneficiaries cannot force you to maintain the property and have no say in any decisions.

What if a beneficiary dies before me?

If you named only one beneficiary who predeceases you:

• That beneficiary's interest typically lapses

• Property passes according to your will or Florida intestacy laws

• You should revoke the deed and create a new one

If you named multiple beneficiaries:

• Depends on how you structured ownership

• If joint tenants: surviving beneficiaries inherit the deceased beneficiary's share

• If tenants in common: deceased beneficiary's share may pass to their estate

Best practice: Name contingent/alternate beneficiaries and review deed after any beneficiary's death.

Can I name my trust as beneficiary?

Yes, you can name your revocable living trust as the remainder beneficiary. This allows:

• Property to transfer into trust at your death

• Trust terms to govern distribution

• More complex distribution instructions

• Professional trustee management

Format: "The Martinez Family Revocable Living Trust dated January 15, 2025, Maria Martinez, Trustee"

Question: If you're using a trust anyway, consider whether it's simpler to transfer the property into the trust during life rather than using a ladybird deed. Evaluate which approach best serves your goals.

How does a ladybird deed affect my Florida property taxes?

During Your Life:

• No effect on property taxes

• You continue to qualify for all exemptions (homestead, Save Our Homes cap, senior, etc.)

• Assessment remains unchanged

• Annual increases follow normal Save Our Homes rules (capped at 3% or CPI)

After Your Death:

• Property transferred to beneficiaries

• Property appraiser receives notice via death certificate recording

• Save Our Homes cap does NOT transfer to beneficiaries

• Property reassessed at just value (market value)

• Beneficiaries start fresh with new assessed value

• Must apply for new homestead exemption if occupying

Portability: Beneficiaries cannot port your Save Our Homes benefit, but they establish their own if they make it their homestead.

Will my beneficiaries owe taxes?

Florida Inheritance Tax: None. Florida has no inheritance tax or estate tax.

Federal Estate Tax: Only if your total estate exceeds federal exemption ($13.61 million in 2024, $13.99 million in 2025). Most people don't pay federal estate tax.

Capital Gains Tax: Beneficiaries receive stepped-up basis, so if they sell soon after inheriting, usually little to no capital gains tax.

Property Tax: Will increase upon transfer because Save Our Homes cap doesn't transfer. Beneficiaries must apply for new homestead exemption if they occupy the property.

Can creditors take the property after I die?

Your Creditors: Generally have limited ability to reach property transferred via ladybird deed:

• Property doesn't go through probate

• Not subject to normal probate creditor claims process

• Some creditors may still file claims

• Secured debts (mortgages, liens) remain on property

Medicaid Estate Recovery: Florida's Agency for Health Care Administration may pursue recovery for Medicaid benefits paid, though ladybird deed property that doesn't go through probate may avoid recovery. This is a complex, evolving area - consult elder law attorney.

Beneficiaries' Creditors: Generally cannot reach property until beneficiary actually receives it at your death.

Do I need an attorney to create a Florida ladybird deed?

Florida law doesn't require attorney involvement for ladybird deeds. Many property owners successfully use professionally prepared forms for straightforward transfers.

Attorney recommended for:

• Complex family situations

• Multiple properties

• Significant value estates

• Medicaid planning concerns

• Tax planning needs

• Special needs beneficiaries

• Business or commercial property

DIY appropriate for:

• Simple family transfers

• Single property

• Clear beneficiary choices

• Harmonious relationships

• Straightforward situations

Get professionally prepared Florida ladybird deed forms for only $18: Download Forms Package

What's the difference between a ladybird deed and a quitclaim deed?

Ladybird Deed (Enhanced Life Estate Deed):

• Transfer occurs at death only

• You retain complete control during life

• Can be revoked anytime

• No immediate gift tax consequences

• Beneficiary receives stepped-up basis

• Avoids probate

• No Medicaid transfer penalty

Quitclaim Deed:

• Immediate transfer of ownership now

• You lose all control immediately

• Cannot be reversed without grantee cooperation

• Triggers immediate gift tax reporting

• Grantee receives carryover basis

• Doesn't avoid probate (already transferred)

• Creates Medicaid 5-year look-back penalty

Use ladybird deed for: Estate planning while maintaining control Use quitclaim deed for: Immediate transfers between trusted parties

Need a Florida quitclaim deed? Get Forms for $10

Can a ladybird deed be contested?

Ladybird deeds can be challenged, but it's more difficult than contesting a will:

Grounds for Contest:

• Lack of capacity when deed was executed

• Undue influence or fraud

• Improper execution (not properly signed, witnessed, notarized, recorded)

• Revocation before death

• Deed doesn't comply with statutory requirements

Standing to Contest: Very limited. Only parties with a legal interest can challenge:

• Someone who would inherit if ladybird deed is invalid

• Creditors in limited circumstances

Result: Ladybird deeds are generally more secure from challenges than wills because they're recorded public documents executed with formalities.

How much does it cost to create a Florida ladybird deed?

DIY with Professional Forms: $200-$400

• Form package: $18 (our forms)

• Recording fee: $10-$30

• Documentary stamp tax: Varies (often minimal for remainder interest)

• Notary fee: $10-$25 (or free at bank)

Attorney Preparation: $800-$2,000+

• Simple situations: $800-$1,200

• Complex situations: $1,500-$2,000+

• Multiple properties: Additional fees per property

Compared to Florida probate costs:

• Attorney fees for $400,000 estate: $11,000-$15,000

• Personal representative fees: $11,000-$15,000

• Court and other costs: $2,000+

• Total probate costs: $24,000-$32,000+

Savings with ladybird deed: $23,000-$31,000+

What happens if I sell the property after creating a ladybird deed?

Automatic Revocation: If you sell or transfer the property, the ladybird deed is automatically revoked by operation of law. You no longer own the property, so the ladybird deed has nothing to transfer.

No Action Needed: You don't need to record a separate revocation if you've sold the property. The sale deed itself effectively revokes the ladybird deed.

Best Practice: While not required, consider recording a formal revocation to clean up the public records and avoid any confusion.

Can both spouses create ladybird deeds for the same property?

Yes, and Recommended: If property is owned by married couple, both spouses should execute the ladybird deed together naming the same remainder beneficiaries.

Single Ladybird Deed: It's cleaner to have one ladybird deed signed by both spouses designating beneficiaries.

What Happens: When first spouse dies, surviving spouse still owns the property. When second spouse dies, property transfers to beneficiaries.

Alternative Approach: Some couples use ladybird deed to transfer to surviving spouse for life, then to children. This creates a life estate in the surviving spouse. Consider tax and control implications carefully.

Real-Life Florida Ladybird Deed Scenarios

Scenario 1: Widow Protecting Family Home

Situation: Margaret, 75, widow, owns a $350,000 home in Naples (Collier County). She has three adult children who get along well. She wants them to inherit the home but worried about probate costs and potentially needing Medicaid for long-term care.

Solution: Margaret creates a Florida ladybird deed naming her three children as equal remainder beneficiaries as joint tenants with right of survivorship.

Benefits:

• No probate when Margaret dies (saves $15,000-$20,000+)

• Children receive stepped-up basis ($350,000) for capital gains purposes

• Margaret maintains complete control (can sell if she needs funds for care)

• May avoid Medicaid estate recovery

• Property protected from children's creditors during Margaret's life

• Can revoke if circumstances change

Outcome: Margaret keeps complete control and flexibility. When she dies, children file death certificate and immediately own the home. No probate, no attorneys, no delays.

Scenario 2: Couple with Blended Family

Situation: Robert, 68, remarried with children from first marriage. He and his wife Linda own a $500,000 home in Fort Lauderdale (Broward County). Robert wants Linda to be secure during her lifetime, but ultimately wants his children to inherit.

Challenge: Simple ladybird deed would give property directly to either Linda OR children, not sequential.

Solution: Robert and Linda execute ladybird deed with carefully structured provisions or use combination of ladybird deed and trust planning.

Alternative: Living trust may be better for complex sequential beneficiary situations. Ladybird deeds work best for simple, direct transfers.

Lesson: Ladybird deeds excel at simple situations. Complex family dynamics with sequential beneficiaries may require trust planning.

Scenario 3: Medicaid Planning for Long-Term Care

Situation: Dorothy, 81, may need nursing home care soon. She owns a $280,000 home in Sarasota. She wants to protect the home from Medicaid estate recovery.

Challenge: Traditional transfers trigger Medicaid's 5-year look-back penalty. Keeping property means Medicaid estate recovery after death.

Solution: Dorothy executes Florida ladybird deed to her daughter:

• Transfers remainder interest to daughter

• Retains enhanced life estate (complete control)

• May not trigger Medicaid transfer penalty since Dorothy retains control

• Potential protection from Medicaid estate recovery

Important Caution: Medicaid planning with ladybird deeds is complex and AHCA's position can change. Dorothy should work with experienced Florida elder law attorney.

Outcome: Dorothy retains complete control and flexibility while potentially protecting home from estate recovery. However, professional guidance is essential for Medicaid situations.

Scenario 4: Investment Property Estate Planning

Situation: The Williams own three Florida properties:

• Primary residence in Tampa ($400,000)

• Rental property in Orlando ($250,000)

• Vacation home in Keys ($350,000)

They want all three to pass to their two children equally.

Solution: Execute three separate ladybird deeds, one for each property, all naming both children as equal remainder beneficiaries.

Benefits:

• All three properties avoid probate

• Complete control maintained over all properties

• Children receive stepped-up basis on all properties

• Can sell any property during lifetime if needed

• Different properties could go to different children if desired

Outcome: Simple, effective probate avoidance for entire real estate portfolio. Cost: about $60-90 in recording fees (vs. $40,000+ in probate costs for three properties).

Scenario 5: Young Family Planning Ahead

Situation: Mike and Sarah, both 45, own a $300,000 home in Jacksonville with minor children (ages 10 and 12).

Challenge: Want to avoid probate but children are minors who can't take title to property.

Solution Options:

Option 1: Create ladybird deed naming their revocable living trust as remainder beneficiary. Trust contains provisions for managing property for minor children.

Option 2: Wait until children are adults to execute ladybird deed.

Option 3: Use living trust for all assets, including the home.

Best Choice: Living trust is likely better for family with minor children because it also provides:

• Incapacity planning

• Management provisions for minors

• Flexibility for all assets

Lesson: Ladybird deeds work great for adults transferring to adults. Minors as beneficiaries create complications. Living trust may be better solution for families with young children.

Taking Action: Your Florida Ladybird Deed Implementation Plan

Phase 1: Information Gathering (1-3 days)

• [ ] Locate current property deed

• [ ] Obtain property tax statement (for folio number)

• [ ] Confirm exact legal description

• [ ] List intended beneficiaries with complete legal names and addresses

• [ ] Decide how multiple beneficiaries will hold title

• [ ] Gather government-issued identification

• [ ] Review existing estate planning documents

• [ ] Check for any existing ladybird deeds or life estates on the property

• [ ] Review mortgage information

Phase 2: Analysis and Planning (1-2 days)

• [ ] Consider Medicaid estate recovery concerns (if applicable)

• [ ] Review mortgage situation and due-on-sale clause

• [ ] Confirm beneficiaries can handle property financially

• [ ] Determine if ladybird deed is best option vs. trust

• [ ] Consider naming contingent beneficiaries

• [ ] Evaluate property tax implications for beneficiaries

• [ ] Review overall estate plan coordination

Phase 3: Document Preparation (1-2 days)

• [ ] Download or obtain Florida ladybird deed forms

• [ ] Review all instructions thoroughly

• [ ] Complete ladybird deed form carefully

• [ ] Verify all information is accurate

• [ ] Double-check legal description

• [ ] Ensure all enhanced life estate language included

• [ ] Calculate documentary stamp tax

Get Florida ladybird deed forms for only $18: Download Now

Phase 4: Execution (1 day)

• [ ] Arrange for two witnesses (disinterested parties)

• [ ] Schedule notary appointment

• [ ] Bring valid government-issued ID

• [ ] Bring completed ladybird deed

• [ ] Sign in presence of two witnesses

• [ ] Witnesses sign after watching you sign

• [ ] Notary acknowledges your signature using Florida statutory form

• [ ] Verify all signatures, witness information, and notary seal present

Phase 5: Recording (1-5 days)

• [ ] Determine correct county for recording

• [ ] Calculate recording fees

• [ ] Calculate documentary stamp tax

• [ ] Prepare payment

• [ ] Include return address

• [ ] Request certified copy

• [ ] File with clerk of circuit court (official records)

• [ ] Confirm receipt of recorded deed

Phase 6: Post-Recording

• [ ] Obtain certified copy of recorded ladybird deed

• [ ] Store in safe location (fireproof safe or safe deposit box)

• [ ] Consider informing beneficiaries (recommended)

• [ ] File with estate planning documents

• [ ] Update related documents if needed

• [ ] Keep with will and other important papers

• [ ] Provide location information to trusted person

Phase 7: Ongoing Maintenance

• [ ] Review ladybird deed every 3-5 years

• [ ] Update after major life events (marriage, divorce, births, deaths)

• [ ] Revoke if circumstances change

• [ ] Keep beneficiaries informed of deed location

• [ ] Maintain clear records

• [ ] Coordinate with overall estate plan updates

Professional Support for Your Florida Ladybird Deed

Document Preparation Services

Properly preparing your ladybird deed ensures compliance with Florida law and preservation of all your rights:

Professional Forms Include:

• Current Florida statutory compliance (Chapter 689)

• All required enhanced life estate language

• Proper Florida witness and notarization requirements

• Detailed step-by-step completion instructions

• Recording requirements for all 67 Florida counties

• Sample completed deeds for various situations

• Revocation templates

• Documentary stamp tax guidance

• Homestead considerations

• Medicaid planning notes

Get professionally prepared Florida ladybird deed forms for only $18: Florida Ladybird Deed Package

When to Seek Attorney Guidance

While many Florida residents successfully use ladybird deed forms for straightforward situations, certain circumstances warrant professional legal guidance:

Complex Situations:

• Blended families with children from multiple marriages

• Significant value estates requiring tax planning

• Multiple properties

• Business or commercial property

• Unclear title or ownership disputes

Medicaid and Healthcare Planning:

• Current Medicaid recipient

• Anticipated need for long-term care

• Asset protection concerns

• Estate recovery worries

• Complex benefit planning

Tax Planning:

• Estates approaching federal estate tax exemption

• Significant appreciation requiring basis planning

• Rental or investment property considerations

• Multi-generational planning

When DIY Ladybird Deed Forms Are Appropriate

Many Florida property owners successfully use professionally prepared forms for:

Straightforward Situations:

• Simple family transfers to adult children

• Single property

• Clear beneficiary designation

• Harmonious family relationships

• Primary residence planning

• Modest estates

Download your Florida ladybird deed forms now: Get Instant Access for $18

Conclusion: Protect Your Florida Property with Ladybird Deeds

Florida ladybird deeds represent one of the most powerful, flexible, and cost-effective estate planning tools available to Florida property owners. By combining probate avoidance, complete control retention, Medicaid planning benefits, capital gains tax advantages, and homestead preservation, enhanced life estate deeds provide comprehensive protection for your family home and other Florida real estate.

Key Benefits Recap:

✓ Avoid Florida Probate - Save $10,000-$30,000+ in costs and 12-24 months of time

 ✓ Retain Complete Control - Sell, mortgage, lease, or revoke at any time without anyone's permission 

✓ Medicaid Planning Protection - May avoid estate recovery and look-back penalties 

✓ Preserve Homestead Benefits - Maintain all Florida homestead exemptions during life 

✓ Capital Gains Savings - Beneficiaries receive stepped-up basis

 ✓ Flexibility - Fully revocable during your lifetime 

✓ Privacy - No public probate proceedings 

✓ Simplicity - One document protects your real estate 

✓ Cost-Effective - Just $18 for professional forms vs. $800-$2,000 attorney fees

Take Action Today:

Don't wait until it's too late. Incapacity or death can occur unexpectedly, leaving your family facing expensive probate proceedings and potential loss of your home to Medicaid estate recovery.

Get Started Now:

📄 Download Professional Florida Ladybird Deed Forms - Only $18: Complete Package with Instructions

What You Get for Just $18: 

✅ Florida-compliant enhanced life estate deed templates 

✅ All required retained powers language 

✅ Step-by-step completion instructions 

✅ Sample completed deeds 

✅ Recording requirements for all 67 Florida counties 

✅ Revocation templates 

✅ Homestead and Medicaid considerations 

✅ Documentary stamp tax guidance 

✅ Downloadable PDF and editable Word formats 

✅ Instant digital access

📋 Need Simple Immediate Transfers? Florida Quitclaim Deed Forms - $10

Protect Your Property. Preserve Your Control. Provide for Your Family.

Florida ladybird deeds give you the power to accomplish all three goals with a single document. Whether you're planning for the future, concerned about Medicaid, worried about probate costs, or want to ensure your family home passes smoothly to your children, enhanced life estate deeds provide the perfect solution.

Don't leave your family's inheritance to chance or your home vulnerable to probate and Medicaid recovery. Take control of your Florida estate planning today with professionally prepared ladybird deed forms designed specifically for Florida law.

Only $18 for Complete Peace of Mind

For less than the cost of lunch, you can protect your most valuable asset and ensure it passes to your loved ones exactly as you intend - without probate, without delays, and without losing control.

Download your Florida ladybird deed forms now: Get Instant Access for $18

This article provides general information about Florida ladybird deeds (enhanced life estate deeds) and should not be considered legal advice. Estate planning, Medicaid planning, property transfers, and tax matters involve complex legal implications that vary based on individual circumstances. Florida estate planning laws, including Florida Statutes Chapter 689 and Medicaid estate recovery rules under Florida Statutes Section 409.9101, are complex and subject to change. Consult with qualified Florida attorneys specializing in estate planning and elder law, along with tax professionals, to discuss your specific situation and needs before executing any estate planning documents.

📞 Document (Deed Preparation) or Mobile Notary Services: Call 1-877-540-6104 for professional notarization at your location