A Lady Bird deed is a deed that allows a real property owner to transfer ownership of the property to another person or entity while continuing to use and control the property.
In some states a Lady Bird deed may be used as an estate planning tool, allowing the owner to make a lifetime gift of the property; avoid federal gift taxes (because it is an incomplete gift and is not final); avoid probate; qualify for Medicaid benefits; and continue to live in their private home after transferring ownership (title) of it to another person or entity.
A Lady Bird deed may also be referred to as an enhanced life estate deed, as it effectively gives the owner a life estate interest in the property while transferring ownership (title) to another person or entity.
Laws vary from state to state, but a Lady Bird deed may also allow the owner to continue to have complete control of the property, without input from the grantee under the Lady Bird deed. This may include the owner’s right to change their mind and sell or transfer the property to another person or entity, or to make changes to the property.
In the state of Mississippi, Lady Bird deeds are not recognized as a legal instrument. Mississippi law does not provide for the use of enhanced life estate deeds, which allow the property owner to retain control over the property until death and then automatically transfer it to a designated beneficiary. Instead, individuals in Mississippi may need to explore other estate planning tools to achieve similar goals, such as a traditional life estate deed with retained powers or a revocable living trust. These alternatives can help avoid probate and manage the transfer of property, but they come with different legal implications and requirements. It is important for property owners to consult with an attorney to understand the best estate planning options available to them under Mississippi law.