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 Louisiana, the concept of a Lady Bird deed, also known as an enhanced life estate deed, is not recognized under state law. Louisiana's legal system is based on civil law, which is different from the common law systems where Lady Bird deeds are typically used. Instead, Louisiana has its own set of laws and legal instruments for estate planning and property transfer. For individuals interested in transferring property while retaining some control and avoiding probate, Louisiana law provides for mechanisms such as usufructs, which allow a person to retain the use and enjoyment of property for a certain period of time, typically until death, after which the property passes to a named remainderman. It is important for property owners in Louisiana to consult with an attorney to explore estate planning options that comply with state law and effectively meet their goals.