The Life Estate Deed (Lady Bird Deed): How to Pass Your Home to Heirs Without Probate
The Life Estate Deed (Lady Bird Deed): How to Pass Your Home to Heirs Without Probate
CORE INSIGHTS
- Probate Bypass: A Life Estate Deed automatically transfers the home to beneficiaries upon death, skipping the slow and expensive probate process.
- Control Retained: An “Enhanced” (Lady Bird) Deed lets you sell or mortgage the property while alive. You are not “stuck.”
- Medicaid Shield: In many states, it protects the home from Medicaid Estate Recovery because the asset technically never enters probate.
The home is often a senior’s biggest asset. The Lady Bird Deed is the “poor man’s trust”—a simple legal document that achieves probate avoidance and Medicaid protection without the cost of a Trust.
What-If Scenario: The Medicaid Claim ($300k Debt)
| Scenario | State Recovery | Heirs Receive |
|---|---|---|
| Standard Deed | -$300,000 (Lien) | $200,000 |
| Lady Bird Deed | $0 (Blocked) | $500,000 (Full) |
Visualizing the Asset Shield
*Figure 1: Net Inheritance. The Lady Bird Deed (Green) bypasses Medicaid liens in qualifying states.*
Strategic Action Steps
Lady Bird Deeds are only recognized in FL, TX, MI, VT, WV. If elsewhere, use a Transfer on Death (TOD) deed or Trust.
Hire an attorney (~$300) to draft the “Enhanced” language. Record it with the county clerk. This is not a DIY form.
Signing the deed over to kids while alive is a “Gift.” It kills the Step-Up in Basis and triggers Medicaid penalties. Avoid this.
The Bottom Line: Who Should Choose What?
- Choose Lady Bird Deed: Homeowners in eligible states wanting low-cost probate/Medicaid protection.
- Choose Living Trust: Homeowners in other states or those with complex distribution wishes.
Frequently Asked Questions
What is a Lady Bird Deed?
An ‘Enhanced Life Estate Deed’ that transfers property at death automatically while retaining your right to sell/mortgage it while alive.
Does it protect against Medicaid Recovery?
Yes, in many states. It bypasses probate, shielding the home from recovery programs that only target probate assets.
Do heirs still get a Step-Up in Basis?
Yes. Because you retained a ‘Life Interest,’ the property is included in your estate, granting heirs a full Step-Up in Basis.