Frequently Asked Questions
Should I Use a Quitclaim Deed to Add My Kids to My House?
Usually no. A quitclaim that gives your children an ownership interest is an outright gift: it loses the step-up in basis (a possible tens-of-thousands tax hit), can start a five-year Medicaid penalty, and exposes the home to their creditors. A lady bird deed reaches the same goal — the home passes to them at your death, outside probate — without any of that. Quitclaims are for transfers between known parties (a divorce, adding a spouse, moving the home into your trust), not estate planning.
Is a Lady Bird Deed the Same as a Transfer-on-Death Deed?
No. Florida has no transfer-on-death deed statute, so generic out-of-state TOD forms don’t work here. The lady bird (enhanced life estate) deed is Florida’s deed-based way to pass real estate at death without probate.
When Is a Trust Better Than a Deed?
When you own property in more than one state, have minor or special-needs beneficiaries, a blended family, or want staggered/conditional distributions. A revocable living trust carries the whole plan; a deed only handles one property. Many families use both: a lady bird deed on the homestead plus a trust for everything else.
Does a Deed Avoid Probate in Florida?
A lady bird deed does — the home passes to your beneficiaries automatically at death, outside probate. A plain quitclaim or warranty deed does not by itself avoid probate for what you still own at death.
Sources
- Lady bird (enhanced life estate) deed: Florida common law + Bar Uniform Title Standards 6.10–6.12. Step-up: IRC §1014. Medicaid: DCF ESS §1640.0613.01. See our lady bird deed guide and deed vs. trust comparison. (retrieved 2026-06-06)
Updated June 6, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice; the right tool depends on your specific facts. We confirm it at a free consult.