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 New Hampshire, Lady Bird deeds are not recognized as a legal instrument for estate planning. New Hampshire law does not provide for the use of enhanced life estate deeds, which means that property owners cannot use a Lady Bird deed to retain control over their property while transferring it upon death. Instead, individuals in New Hampshire may need to explore other estate planning tools such as traditional life estates, wills, trusts, or transfer-on-death deeds where applicable. These alternatives can help achieve similar goals, such as avoiding probate or managing the transfer of property, but they do not offer the unique feature of a Lady Bird deed, which is the ability to retain complete control over the property and the right to sell or change the terms of the transfer without the beneficiary's consent.