Lady Bird Deeds vs. Trusts: Which Is Better for Florida Homeowners?
(DeedPilot – Florida Lady Bird Deeds Made Simple)
Most Florida homeowners know they need “some kind” of estate planning, but not everyone knows where to start. Two of the most popular tools are:
- A Lady Bird Deed (Enhanced Life Estate Deed)
- A Living Trust
Both can help your home avoid probate.
Both can protect your family.
But they work very differently—and choosing the right one can save you time, stress, and unnecessary costs.
Here’s what Florida homeowners need to know.
What a Lady Bird Deed Does
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is one of the simplest and most powerful tools in Florida estate planning.
It lets you:
✔ Keep full control of your property while alive
✔ Change your mind at any time
✔ Transfer your home directly to your beneficiaries after death
✔ Completely avoid probate
✔ Do all of this without giving up ownership
With a Lady Bird Deed, nothing changes during your lifetime. You can:
- Sell the home
- Refinance
- Take out a mortgage
- Change beneficiaries
- Keep the home as your primary residence
No one else has any rights until after you pass away.
Once you die, the property transfers automatically—no court, no probate, no delay.
What a Trust Does
A living trust is a more complex estate planning tool.
You transfer ownership of your property into a trust while you’re alive.
You (the “grantor”) usually become:
- The trustee — who manages the trust
- The beneficiary — who benefits from the trust while alive
A successor trustee takes over after your death and distributes the assets.
Trusts can:
✔ Avoid probate
✔ Control how assets are distributed
✔ Hold multiple assets (not just real estate)
✔ Offer more privacy than a will
✔ Provide instructions for incapacity (helpful if you are unable to manage finances later)
But trusts require:
- More paperwork
- More cost
- More ongoing maintenance
- Retitling the home into the trust
- Legal assistance in most cases
For many Florida homeowners, a trust is more than they need.
Lady Bird Deed vs. Trust: Key Differences for Florida Property Owners
1. Control
Lady Bird Deed:
You keep total control of the home with full lifetime rights.
Trust:
The trust becomes the legal owner; you operate through the trust as trustee.
Winner for simplicity: Lady Bird Deed
2. Probate Avoidance
Both tools avoid probate for the home.
But:
- A Lady Bird Deed avoids probate automatically
- A Trust avoids probate only if the property was properly moved into the trust
Many people forget to fund their trust, causing probate anyway.
Winner for simplicity: Lady Bird Deed
3. Cost
Lady Bird Deed:
✔ Very affordable (often under $399 to prepare with DeedPilot)
✔ No ongoing maintenance
✔ No trust administration
Trust:
❌ $1,000–$3,500+ for an attorney
❌ Requires ongoing management
❌ Must retitle property into trust
❌ Additional attorney fees down the road
Winner: Lady Bird Deed
4. Medicaid Considerations
Both can play a role in Medicaid planning, but they behave differently:
Lady Bird Deed:
✔ Not considered a disqualifying transfer in Florida
✔ Allows your home to pass to beneficiaries without estate recovery
✔ Simple and widely used in Florida Medicaid planning
Trust:
- Revocable trusts do not protect assets from Medicaid
- Irrevocable trusts can—but they are complex and restrictive
- Requires attorney guidance
Winner for most homeowners: Lady Bird Deed
5. What They Cover
Lady Bird Deed:
✔ Real estate only
❌ NOT bank accounts
❌ NOT vehicles
❌ NOT investments
Trust:
✔ Can cover nearly all assets
✔ Can set rules for inheritance
✔ Can include minor children
✔ Can manage money after death
Winner for complexity: Trust
Winner for simple home transfers: Lady Bird Deed
6. Privacy
Both avoid probate (which is public), but:
- Trusts provide more overall privacy
- Lady Bird Deeds provide privacy ONLY for the home’s transfer
7. Ease of Setup
Lady Bird Deed:
✔ One document
✔ No retitling
✔ Easily changed
✔ Fast to create with DeedPilot
Trust:
❌ Multiple documents
❌ Requires retitling deeds
❌ Requires lists of assets
❌ More formalities
Winner: Lady Bird Deed
Which Should Florida Homeowners Choose?
Here’s the straightforward truth:
✔ Choose a Lady Bird Deed if:
- You want your home to avoid probate
- You want to keep total control during your life
- You want a low-cost, low-maintenance solution
- You don’t need complex inheritance rules
- Your main asset is your primary residence
- You want a Medicaid-friendly planning tool
✔ Choose a Trust if:
- You have multiple properties
- You want inheritance rules (e.g., staggered distributions)
- You want full privacy across all assets
- You have minor children
- You want to control finances after your death
- You have substantial assets beyond your home
How Lady Bird Deeds and Trusts Work Together
Some Florida homeowners use both:
- A Lady Bird Deed for the home
- A simple trust for financial accounts
This hybrid approach:
- Minimizes costs
- Avoids probate for all major assets
- Preserves privacy
- Keeps things simple
For many families, this is the ideal middle ground.
Key Takeaways
✔ A Lady Bird Deed is the easiest way for Florida homeowners to avoid probate on their home.
✔ A Trust is more powerful but more expensive and complex.
✔ Lady Bird Deeds offer unmatched flexibility and Medicaid advantages.
✔ Trusts manage multiple assets and provide more control after death.
✔ Most Florida homeowners with a single property choose a Lady Bird Deed.
The Bottom Line
Your home isn’t just a building—it’s a lifetime of memories.
A Lady Bird Deed gives you:
- Control today
- Protection tomorrow
- Peace for your family later
If all you want is for your Florida home to pass smoothly to loved ones without court involvement, a Florida Lady Bird Deed through DeedPilot is often the simplest and most effective solution.
For more complex goals, a trust can complement a Lady Bird Deed—but for many Floridians, it isn’t required.