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 South Dakota, the concept of a Lady Bird deed, also known as an enhanced life estate deed, is not recognized under state law. South Dakota does not have specific statutes authorizing the use of Lady Bird deeds as an estate planning tool. Therefore, property owners in South Dakota cannot use a Lady Bird deed to transfer property while retaining a life estate and the ability to control the property until death. Instead, individuals interested in estate planning in South Dakota may need to explore other legal instruments, such as traditional life estate deeds, wills, trusts, or transfer on death deeds, to manage the transfer of their property in accordance with their wishes. It is advisable for property owners to consult with an attorney to understand the available options and to create an estate plan that complies with South Dakota laws.