Lady Bird Deed vs Trust in Florida: Which One Is Right for You?

If you’re planning your estate in Florida, you’ve likely come across two common tools: the Lady Bird Deed and the Revocable Living Trust. Both can help you avoid probate and maintain control of your assets, but they serve different purposes and offer unique advantages.

At Woodstock Law Firm, we regularly help Florida homeowners and families choose the right legal structure for their needs. Whether you’re protecting a single property or managing a more complex estate, knowing the difference between a Lady Bird Deed and a Trust can save you time, money, and legal headaches.

Need help now?
Call (954) 355-4255 to speak with a Florida estate planning attorney or visit our Lady Bird Deed service page for more information.

Let’s break down how these tools work—and when to use each.

What Is a Lady Bird Deed in Florida?

A Lady Bird Deed, also known as an enhanced life estate deed, is a simple and affordable estate planning tool used primarily to transfer real estate after death without going through probate.

This deed allows the property owner (the “life tenant”) to keep full control of the property while they’re alive—including the right to sell, mortgage, or change the remainder beneficiaries. Upon death, the property automatically transfers to the named beneficiary (called the “remainderman”) without court involvement.

Key benefits of a Lady Bird Deed:

• Avoids probate entirely for the property
• Retains homestead protections in Florida
  
• Does not affect Medicaid eligibility
  
• Allows full control during life
  
• Can be revoked or changed at any time
  

Because it is focused solely on real estate, a Lady Bird Deed is often ideal for homeowners whose primary concern is passing down their home efficiently, with minimal legal complexity or cost.

Want to learn more? See our full breakdown here: Lady Bird Deed in Florida

What is a Living Trust in Florida?

A revocable living trust is a more comprehensive estate planning tool that allows you to manage a wide range of assets—not just real estate—during your lifetime and beyond. It acts like a legal container that holds your property and instructions for how those assets should be distributed after your death.

Unlike a will, a living trust avoids probate and can provide more privacy, control, and flexibility—especially for individuals or families with multiple assets, minor children, or more complex financial situations.

Key benefits of a living trust:

• Avoids probate for all included assets (bank accounts, investments, property, etc.)
  
• Allows you to name backup trustees to manage your estate if you become incapacitated
  
• Offers centralized control over how and when beneficiaries receive assets
  
• Helps avoid guardianship court if you’re ever unable to manage your affairs
  
• Can be used in conjunction with Lady Bird Deeds for layered planning
  

However, setting up a living trust typically requires more time, legal work, and a higher upfront cost than a Lady Bird Deed.

If you’re managing more than just your primary residence, or want long-term control beyond just passing assets, a trust may be the more appropriate route.

Key Differences Between Lady Bird Deeds and Trusts

Both Lady Bird Deeds and Living Trusts are popular estate planning tools in Florida, and both help avoid probate—but they do so in very different ways. The right option depends on your assets, goals, and family situation.

Here’s a side-by-side comparison:

As you can see, Lady Bird Deeds are ideal for simplicity and affordability, especially when your primary concern is transferring your home. Trusts are more powerful when your planning involves multiple assets, long-term control, or incapacity scenarios.

Still not sure which fits your situation? Speak with an attorney at (954) 355-4255 or visit our main Lady Bird Deed page.

When to Choose a Lady Bird Deed Over a Trust

A Lady Bird Deed is often the smarter choice when your estate is simple, and your primary goal is to ensure your home transfers easily and privately after your death—without going through probate.

You may want to choose a Lady Bird Deed if:

• Your primary or only significant asset is your Florida home
  
• You want to avoid probate court but keep costs low
  
• You need to retain full control of the property while alive
  
• You’re looking for a quick, one-time solution
  
• You want to maintain eligibility for Medicaid
  
• You prefer not to manage a full trust document or ongoing administration
  

Example:
Maria, a retiree in Fort Lauderdale, owns her home outright and lives on a fixed income. She wants to pass the home to her daughter but doesn’t want her family to deal with probate. A Lady Bird Deed gives her full control during life and guarantees that the house passes smoothly when she dies—with no court involvement and no complex legal fees.

It’s a simple solution with powerful benefits, and it’s one we help Florida clients implement every day.

When a Trust Makes More Sense

While a Lady Bird Deed is a great option for many Florida homeowners, a revocable living trust may be a better fit when your estate or family situation is more complex.

Consider choosing a trust if:

• You have multiple properties or significant financial assets
  
• You want to control how and when beneficiaries receive assets
  
• You’re planning for minor children or dependents with special needs
  
• You need to name alternate beneficiaries or successor trustees
  
• You want to avoid guardianship court if you become incapacitated
  
• You have out-of-state property or business interests
  
• You want to minimize family conflict or legal disputes after death
  

Example:
David and Lisa own a home in Florida, investment properties in other states, retirement accounts, and a family business. They want to keep everything organized, avoid probate in multiple states, and ensure their children receive assets at specific ages. In this case, a living trust provides structure, flexibility, and control that a Lady Bird Deed simply can’t match.

A trust is an investment—but for many, it’s the right one.

If you’re unsure, we can help weigh the options and create a plan that works best for you.

Can You Use Both a Lady Bird Deed and a Trust?

Yes, and in fact, many Florida estate plans benefit from using both a Lady Bird Deed and a Living Trust—each tool serving a different purpose within a comprehensive strategy.

A Lady Bird Deed can be used to transfer your primary residence directly to a beneficiary without probate, while a trust can manage and distribute your other assets, like:

• Bank accounts
  
• Investment portfolios
  
• Business interests
  
• Personal property
  
• Out-of-state real estate
  

This hybrid approach gives you:

• Probate avoidance on multiple levels
  
• Flexibility and control over different types of assets
  
• A clear succession plan in the event of incapacity
  
• Medicaid planning advantages with proper execution
  

Example:
Sofia uses a trust to manage her savings, retirement accounts, and investment property. For her homestead in Broward County, she uses a Lady Bird Deed to pass it to her son directly. This avoids unnecessary trust administration for the home, simplifies her estate, and protects eligibility for Medicaid if needed.

In short, you don’t always have to choose one or the other. The right combination depends on your goals and the nature of your assets.

Speak With a Florida Estate Attorney Before You Decide

Whether you’re leaning toward a Lady Bird Deed, a Revocable Living Trust, or a combination of both, the most important step is getting advice tailored to your specific situation.

At Woodstock Law Firm, we’ve helped hundreds of Florida families create estate plans that are clear, legally sound, and aligned with their goals. We take the time to understand your priorities—whether that’s avoiding probate, protecting Medicaid eligibility, minimizing taxes, or ensuring your loved ones are cared for.

We don’t use one-size-fits-all templates. Every deed or trust we draft is built around your life, your assets, and your future.

Ready to talk with an experienced estate attorney in Florida?
Call (954) 355-4255 or visit our Lady Bird Deed service page to book a consultation.