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 California, the concept of a Lady Bird deed, also known as an enhanced life estate deed, is not recognized under state law. California does not have a statutory provision that allows for the creation of a Lady Bird deed, which is an estate planning tool that provides the property owner with the ability to retain control over the property until death, while designating a beneficiary to receive the property upon the owner's death without going through probate. Instead, California residents seeking to avoid probate for real estate may use other estate planning tools such as a revocable living trust or a transfer on death deed (TOD), which is authorized under California's Probate Code Section 5642. The TOD deed allows property owners to name a beneficiary to inherit property upon their death without the need for probate, but it does not provide the same level of control during the owner's lifetime as a Lady Bird deed would.