Both states offer the core benefit: a probate-free transfer with retained lifetime control. But the details matter — particularly if you own property in both states or are considering a move.
Florida’s homestead laws are among the strongest in the country. A Lady Bird Deed in Florida interacts directly with Florida’s homestead exemption, its protection from forced sale by creditors, and its constitutional restrictions on who can inherit a primary residence if the owner has a minor child or a surviving spouse. Getting these details right requires careful drafting by a Florida-licensed attorney.
Michigan’s Medicaid recovery rules differ from Florida’s. In Florida, a correctly structured Lady Bird Deed generally shields the home from Medicaid estate recovery — a major reason Florida families choose it over a trust for a single property. Our article on Lady Bird Deed vs a living trust explores when each approach makes more sense.
Florida also has specific execution requirements: the deed must be signed before two witnesses and a notary. Recording requirements, documentary stamp taxes, and how the deed is titled all have legal implications that differ from Michigan practice. A deed that is valid in Michigan may not be executed correctly for Florida purposes.
Is a Lady Bird Deed the Right Choice for Your Florida Home?
For many Florida homeowners, the Lady Bird Deed is one of the most effective and affordable estate planning tools available. It avoids probate on the single most valuable asset most families own — the family home. It costs a fraction of a full trust. And it keeps you in complete control.
That said, it is not the right choice for every situation. If you have a complex estate, multiple properties, a blended family, or a child with special needs, a revocable living trust may offer better protection and more flexibility. Joint tenancy with right of survivorship is another option — but it carries real risks when used carelessly.
Before adding anyone to your deed as a joint owner, read our article on the hidden risks of adding children to your Florida deed. It explains why the Lady Bird Deed is often the safer alternative.
The right answer depends on your property, your family, and your goals. A short conversation with a Florida estate planning attorney is the fastest way to find out.
Frequently Asked Questions About Lady Bird Deeds
What is a Lady Bird Deed?
A Lady Bird Deed — formally called an enhanced life estate deed — is a legal document that transfers real estate to a named beneficiary at the owner’s death while allowing the owner to retain full control of the property during their lifetime. It avoids probate without giving up homestead exemption rights or Medicaid eligibility.
Does Michigan allow Lady Bird Deeds?
Yes — Michigan recognises the Lady Bird Deed, also referred to as an enhanced life estate deed. Under Michigan law, the grantor retains the power to sell, mortgage, or revoke the transfer without the beneficiary’s consent. Michigan’s version was largely shaped by court decisions and practitioner use, unlike Florida where the deed has a longer legislative and judicial history.
Does Florida allow Lady Bird Deeds?
Yes — Florida is one of only five US states that recognises the Lady Bird Deed. Florida’s version allows the grantor to retain full ownership rights during their lifetime, including the right to sell or refinance without beneficiary approval. It also preserves the Florida homestead exemption and does not affect Medicaid eligibility — two major advantages for Florida homeowners.
What is the difference between a Lady Bird Deed in Florida and Michigan?
Both Florida and Michigan Lady Bird Deeds allow probate-free property transfer while the owner retains lifetime control. The key differences relate to Medicaid rules, homestead law, and recording requirements. Florida’s homestead protections are among the strongest in the country and interact specifically with Lady Bird Deed execution. Michigan has different Medicaid lookback and estate recovery rules that affect how the deed is used for long-term care planning.
What is the alternative to a Lady Bird Deed in Florida?
The main alternatives to a Lady Bird Deed in Florida are a revocable living trust and joint tenancy with right of survivorship. A trust offers broader estate planning control and is preferable for complex estates. Joint tenancy is simpler but carries risks when adding adult children to a deed. An estate planning attorney can help determine which option suits your specific situation.
Ready to protect your Florida home and pass it to your family without probate? At Lumsden Law, we help Orlando homeowners put the right deed in place — quickly, correctly, and without court involvement. Visit our Lady Bird Deed Florida service page or call (407) 798-7744 — I’ll make sure you feel supported every step of the way.