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.
As of the current knowledge cutoff in 2023, North Dakota does not recognize Lady Bird deeds, also known as enhanced life estate deeds, as a legal instrument within the state. This means that property owners in North Dakota cannot use a Lady Bird deed to transfer property while retaining a life estate and the associated control over the property until death. Since Lady Bird deeds are not part of North Dakota's estate planning tools, property owners looking to avoid probate and manage the transfer of their real estate must consider alternative methods such as traditional life estates, transfer on death deeds, or establishing a trust. It is important for property owners in North Dakota to consult with an attorney to explore the estate planning options that are valid and most beneficial for their specific situation under North Dakota law.