Lady bird deeds are one of the most searched estate planning tools in Florida, and one of the most misunderstood. In this episode, attorney John Marshall lays out exactly what a lady bird deed is, how it compares to a standard life estate, and why the distinction matters for anyone trying to keep their home out of probate.
John walks through the real benefits: probate avoidance, step-up in basis for heirs, Florida homestead protection, and why holding property in trust alone creates HELOC and refinancing problems that a lady bird deed avoids. He also pulls from actual cases where the tool backfired: missing beneficiaries, partition actions, and families locked in disputes over property no one can sell.
John Marshall has been drafting lady bird deeds since 2009. That experience comes through in every example.
The right tool only works when it fits the plan. This episode helps listeners make that call.
In this episode, you will hear:
- What a lady bird deed actually is and how it differs from a standard life estate deed
- Probate avoidance and step-up in basis for heirs, two of the tool’s strongest benefits
- Florida homestead law and why holding property directly in a trust can trigger HELOC and refinancing complications
- The 2014 Aaronson v. Aaronson case and how it shifted the way Florida attorneys approach homestead property in trusts
- Real cases where lady bird deeds backfired, including missing heirs, deceased beneficiaries, and partition actions that landed families in court
- Why married couples lose tenants by the entirety protection when jointly owned property moves into a trust
- Lady bird deeds as one tool in a thoughtfully built estate plan, not a substitute for one
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