The Short Answer

In Florida, a “Lady Bird deed” (often called an enhanced life estate deed) can be used to transfer a future interest in real estate to named beneficiaries while the owner keeps significant control during life. But deeding even a portion of Florida property can create major issues involving homestead protections, Medicaid estate recovery, creditor exposure, and title/marketability—so it should be reviewed by a Florida probate/estate planning attorney before it’s signed or recorded.

What Florida Law Says

Florida law draws an important line between transfers that happen during life and transfers that happen at death (a “devise”). That distinction matters for homestead restrictions and for what may be reachable in probate. A Lady Bird deed is typically designed to be an inter vivos transfer of a remainder interest, with the owner retaining an enhanced life estate (including the ability to sell or mortgage during life), so the property may pass outside probate at death—yet still raise homestead and Medicaid-related questions depending on the family situation and the exact deed language.

The Statute

The primary law governing this issue is Fla. Stat. § 732.4017.

This statute explains that certain lifetime transfers of an interest in homestead property are treated as inter vivos transfers (not a “devise”) when the owner does not retain a power to revoke or revest the transferred interest—an issue that can become central when evaluating whether a deeded interest will be treated as passing outside the probate/homestead devise framework.

Medicaid is a separate but common concern. Florida has a specific Medicaid estate recovery statute that allows the state to file a claim in the probate estate of certain Medicaid recipients, subject to exemptions and limitations (including for exempt homestead in many situations). See Fla. Stat. § 409.9101.

If the property is homestead and there is a spouse involved, deed language and spousal rights can also matter. Florida provides a statutory form of homestead waiver language that may be included in a deed in certain situations. See Fla. Stat. § 732.7025.

For more background, you may also want to read: Can a Lady Bird Deed Protect a Florida Home From Medicaid Estate Recovery or Nursing Home Costs? and How Does a Florida Medicaid Estate Recovery Claim Affect Inherited Property?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying a Lady Bird deed to “a portion” of property is where people get into trouble—especially if the property is Florida homestead, if there is a spouse/minor child, or if Medicaid planning is part of the goal. Legal outcomes often depend on:

• Strict rules around homestead and family protections: A transfer that seems like a simple estate planning move can still trigger homestead-related restrictions, spousal rights, or later title challenges—particularly when only a fractional interest is deeded or when the deed conflicts with the overall estate plan.
• Burden of proof and title/recording problems: If the deed language is unclear (or doesn’t match the intended “enhanced” powers), beneficiaries can end up in disputes with heirs, creditors, or a title insurer—sometimes forcing probate or litigation anyway.
• Medicaid estate recovery and exemptions: Florida’s Medicaid Estate Recovery Act allows claims against the probate estate in many cases, but exemptions and homestead protections can be fact-specific. Whether a Lady Bird deed helps or hurts depends on how the asset is characterized at death and what other planning was done. See Fla. Stat. § 409.9101.

Because a deed is hard to “undo” once recorded—and because partial-interest transfers can create long-term marketability and family-dispute issues—this is the kind of planning that should be reviewed before signing.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.