Doral Lady Bird Deed Frequently Asked Questions
My Doral property is in an LLC. Can I use a Lady Bird Deed?
No. A Lady Bird Deed transfers real property owned by an individual. If the property is titled to an LLC, the LLC owns it and you own the LLC, so a deed you sign personally conveys nothing. Planning for LLC-held property runs through the operating agreement and the transfer of membership interests, often combined with a trust. There is a second consequence people miss: property held in an LLC generally does not qualify for Florida homestead protection or the homestead exemption the way individually owned property does.
I am not a US citizen or resident. How much US estate tax could my family owe on a Doral property?
Potentially a great deal, and this is the most important thing on this page for many Doral owners. A US citizen or resident has a federal estate tax exemption in the millions. A non-resident alien has an exemption of only $60,000 on US-situs assets, and US real estate is squarely a US-situs asset. Rates run up to 40% above that threshold. A limited number of countries have estate tax treaties with the US that can improve the result, but most Latin American countries do not. A Lady Bird Deed solves the probate problem; it does not solve this one, and the two should be addressed together with a tax professional.
Does a Lady Bird Deed avoid probate if I live in Venezuela or Colombia?
Yes, and that is a substantial benefit. Florida real property owned at death by a non-resident normally requires an ancillary administration in Florida, a separate case heirs abroad must run remotely through Florida counsel with authenticated and apostilled documents. A Lady Bird Deed removes the Florida property from probate entirely, so no ancillary case is needed for that asset. It does not affect any estate tax that may be due.
Does my Doral HOA have to approve a Lady Bird Deed?
Most Doral communities have both a neighborhood association and a master association, and their documents vary. Many require notice or approval for a transfer of title, and some contain a right of first refusal. A Lady Bird Deed is a present recorded conveyance even though the beneficiaries take nothing until death, so the governing documents should be read before it is drafted. Assessments and any recorded lien follow the property to whoever inherits it.
Is Doral property my Florida homestead if I spend most of the year abroad?
Homestead depends on permanent residency and actual use, not on preference. If Florida is not your permanent residence you generally do not have the homestead exemption, the Save Our Homes cap, or the constitutional protections. That makes the deed simpler, because spousal joinder does not attach, but it also means you lose homestead creditor protection. If you have claimed the Florida homestead exemption while declaring permanent residency elsewhere, that is a separate problem worth resolving before anything is recorded.
Can I name beneficiaries who live outside the United States?
Yes, and for Doral families that is frequently the point. Two practical cautions. Beneficiaries who are not US persons face FIRPTA withholding on a later sale, which affects how much cash actually reaches them. And multiple beneficiaries receive the property as co-owners, so if they disagree about selling, any one of them can generally file a partition action, harder to manage across borders.
Should I use a trust instead of a Lady Bird Deed for a Doral property?
For many Doral owners, yes, or both. A Lady Bird Deed is excellent at one job: moving one parcel out of probate at low cost. A revocable trust can hold multiple properties, coordinate with assets in other countries, control the timing of distributions, and work alongside structures addressing non-resident estate tax exposure. Where the Doral property is one piece of an international estate, the trust is often the center of the plan and the deed a supporting tool.
Is the documentary stamp tax different in Miami-Dade County?
Yes. Miami-Dade is the only Florida county with its own rate: $0.60 per $100 of consideration rather than the $0.70 used in the other 66 counties, plus a $0.45 per $100 surtax on transfers of property other than a single-family residence. Separately, the Florida Department of Revenue concluded in Technical Assistance Advisement 20B4-004 that an enhanced life estate deed is not subject to documentary stamp tax at all.
I rent my Doral townhome out. Can I still use a Lady Bird Deed?
Yes, if you own it individually. A Lady Bird Deed is not limited to homestead property and will keep a rental out of probate the same way. Non-homestead property does not carry Florida homestead creditor protection and is not shielded from Medicaid estate recovery by homestead status, only by staying out of the probate estate. Check the association documents for leasing restrictions, and if the property is titled to an LLC the deed is not the right instrument.
Do my beneficiaries get a stepped-up basis?
Generally yes for US tax purposes, because the property remains in your gross estate at death. That inclusion is exactly why the basis steps up, and it is also why non-resident aliens face the estate tax exposure described above. The two facts are connected: you cannot get the step-up without the property being in the estate. For a non-resident owner this trade-off deserves real analysis with a tax advisor rather than an assumption.
Can a Doral Lady Bird Deed be changed or revoked later?
Yes. You 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 new deed is prepared and recorded to make the change effective. For owners whose family circumstances or country of residence may change, that flexibility is a significant advantage.
More general questions are answered on our Florida Lady Bird Deed FAQ page.