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 New Jersey, the concept of a Lady Bird deed, also known as an enhanced life estate deed, is not recognized under state law. New Jersey's statutes do not provide for this type of deed, which allows property owners to retain control over their property until death and automatically transfer it to a designated beneficiary without going through probate. Since Lady Bird deeds are not a legal option in New Jersey, individuals looking for similar estate planning tools might consider alternatives such as a traditional life estate deed with retained powers or a revocable living trust. These alternatives can offer some of the benefits of a Lady Bird deed, such as avoiding probate, but they come with different legal implications and requirements. It is advisable for property owners in New Jersey to consult with an attorney to explore the most suitable estate planning strategies according to their specific needs and the current state laws.