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 Maine, the concept of a Lady Bird deed, also known as an enhanced life estate deed, is not explicitly recognized by state statutes. Maine law does recognize traditional life estate deeds, where the life tenant maintains the right to use the property during their lifetime, with the remainder interest passing to a designated person upon the life tenant's death. However, unlike a Lady Bird deed, a traditional life estate does not allow the life tenant to retain the power to sell or mortgage the property without the consent of the remainder beneficiaries. For those interested in estate planning tools that provide similar benefits to a Lady Bird deed, such as avoiding probate and retaining control over the property, it is advisable to consult with an attorney who is knowledgeable in Maine's estate planning laws to explore alternative legal instruments that may achieve these goals within the state's legal framework.