Coral Springs Lady Bird Deed Frequently Asked Questions
I want to help my mother put a Lady Bird Deed on her Coral Springs house. Can I arrange it?
You can absolutely help her find an attorney, drive her to the appointment, and be part of the conversation. What you cannot do is be the one giving the instructions. The property is hers, so she is the client. The attorney needs to hear from her what she wants, satisfy themselves that she understands it, and spend part of the meeting alone with her. That may feel like an unnecessary hurdle when you are only trying to help. It is actually the thing that makes the deed hold up if a sibling questions it later.
What does capacity to sign a deed mean?
In general terms, the person signing must understand the nature of what they are doing, what property is involved, who will receive it, and the effect of the document. Capacity is measured at the moment of signing, not before or after. A dementia diagnosis does not automatically mean someone lacks capacity, and the absence of a diagnosis does not automatically mean they have it. Where capacity is genuinely uncertain, the responsible course is to document carefully, involve the treating physician where appropriate, and sometimes conclude that a deed is not the right route.
My father has dementia. Is it too late for a Lady Bird Deed?
Not necessarily, but the question has to be taken seriously rather than worked around. Capacity fluctuates, and many people with early-stage dementia clearly understand a simple transaction like naming who receives their home. Others do not. If capacity is absent, a deed signed anyway is vulnerable to being set aside, and signing one under those circumstances can expose the family to allegations far worse than probate. Where capacity has genuinely been lost, the alternatives usually involve a pre-existing power of attorney with specific authority, or guardianship.
Can I use my power of attorney to sign a Lady Bird Deed for my parent?
Only if the power of attorney specifically grants that authority, and often not even then. Florida law treats certain powers as requiring separate enumeration and initialing by the principal, and gifting or transferring the principal’s property to yourself falls squarely into the territory requiring express authority. A general power of attorney that does not address it will not support the transaction. Any agent contemplating a transfer that benefits themselves should get advice first, because the exposure is personal.
How do we keep my siblings from fighting about this later?
Transparency during your parent’s lifetime is by far the most effective protection. Most challenges come from a family member who found out after the death and felt something was concealed. Beyond that: have the parent meet the attorney privately, keep contemporaneous notes of what the parent said they wanted and why, avoid having a beneficiary act as a witness, and make sure the plan is explainable. A deed that treats children differently is not automatically suspect, but the reasons should be understood while the parent can still explain them.
Should my parent name all of us or just one child?
That is their decision, and it should be. What the plan needs to account for is what happens afterward. Multiple beneficiaries receive the property as co-owners, and if they later disagree about selling, any one of them can generally file a partition action to force a sale. Where one child lives locally and manages everything and others live out of state, equal shares can create a real problem. Some families name one child and equalize with other assets, or use a trust that sets terms for a sale.
Where is a Lady Bird Deed recorded for Coral Springs property?
In the Broward County Official Records. Broward is unusual in that deeds are recorded by the county Records, Taxes & Treasury Division rather than the Clerk of Courts. The counter is at the Broward County Governmental Center, 115 South Andrews Avenue, Room 114, Fort Lauderdale, generally open 8:30 a.m. to 5:00 p.m. weekdays. Deeds may also be mailed or submitted through an approved e-recording provider.
Will a Coral Springs Lady Bird Deed affect my parent’s homestead exemption?
A properly drafted deed should not affect the homestead exemption or the Save Our Homes assessment cap during their lifetime. They retain an enhanced life estate, they remain in possession, and the Broward County Property Appraiser continues to treat them as the owner of record. The cap generally resets at death on the change of ownership.
Does a Lady Bird Deed protect my parent’s home from Medicaid estate recovery?
Florida limits Medicaid estate recovery to assets that pass through the probate estate. Because a Lady Bird Deed moves the home outside probate, it is one of the standard tools for reducing exposure on a Florida homestead. It does not qualify anyone for Medicaid, the five-year look-back still applies to other transfers, and the protection depends on the home keeping homestead status and passing to heirs. See our Medicaid guide.
Is it better to just have my parent add me to the deed now?
Almost always no, and it is the most common suggestion families arrive with. Adding you as a co-owner today gives you a present interest, which means your parent cannot sell or refinance without your signature, your creditors and any divorce can reach the home, and a portion of the stepped-up basis at death is lost. It can also raise gift tax reporting. A Lady Bird Deed accomplishes the transfer at death while leaving your parent in complete control, which is both safer for them and better for you.
Can a Coral Springs Lady Bird Deed be changed or revoked later?
Yes, and this matters more than families expect. The owner can sell the property, refinance it, lease it, add or remove beneficiaries, or revoke the deed entirely without the consent of the people named to receive it. A parent who signs a Lady Bird Deed has given up nothing and can change their mind for any reason. That is precisely why it is a comfortable option for someone reluctant to hand over control.
More general questions are answered on our Florida Lady Bird Deed FAQ page.
