Hollywood Lady Bird Deed Frequently Asked Questions
Does a Hollywood Lady Bird Deed protect my home from Florida Medicaid estate recovery?
Florida limits Medicaid estate recovery to assets that pass through the probate estate, and did not adopt the expanded definition of estate that some states use. Because a Lady Bird Deed moves the home outside probate, it is one of the standard tools for reducing exposure on a Florida homestead. The limits matter: the deed 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 rather than being sold under a will.
My mother died and we never probated her Hollywood house. Can I just do a Lady Bird Deed?
Not until the earlier death is resolved. If your mother is still the record owner, no deed you sign conveys anything, because you do not hold title. This is common here, because so much Hollywood housing stock has stayed in the same families for decades with informal transfers that were never recorded. The usual fix is a summary administration, often paired with a petition to determine homestead status of real property, producing a court order establishing ownership. Once title is clean, a Lady Bird Deed prevents a repeat in the next generation.
Where is a Lady Bird Deed recorded for a Hollywood, Florida property?
In the Broward County Official Records. Broward is unusual: deeds are recorded by the county Records, Taxes & Treasury Division, not the Clerk of Courts. The counter is at the Broward County Governmental Center, 115 South Andrews Avenue, Room 114, Fort Lauderdale, Florida 33301, 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.
Did Florida change the summary administration limit in 2026, and does it help Hollywood families?
Yes, and Hollywood is one of the places it helps most. Effective July 1, 2026, CS/SB 1500 raised the non-exempt asset ceiling from $75,000 to $150,000 under Fla. Stat. § 735.201. With a median owner-occupied value around $352,500 and modest non-exempt assets in many local estates, more Hollywood families now qualify for the faster track. It is still a court proceeding, and a homestead typically still needs a separate order determining homestead status before title is marketable.
Does a Hollywood Lady Bird Deed work for a beach condo on the Broadwalk or along A1A?
Yes. The deed works the same on a condominium unit as on a house. What deserves review is the building: many Hollywood beach buildings date to the 1960s and 1970s and are now funding milestone inspections and structural integrity reserve studies, which can mean large special assessments. Those obligations follow the unit to whoever inherits it. The declaration of condominium may also contain approval or right-of-first-refusal provisions worth reading before drafting.
How much does probate cost in Hollywood compared with a Lady Bird Deed?
Recording a Lady Bird Deed in Broward costs $10.00 for the first page and $8.50 per additional page, so the recording itself is inexpensive. Florida formal administration is a different order of expense: court filing fees, publication of notice to creditors, certified copies, personal representative compensation, and attorney compensation, which Florida law ties to the size of the estate. On an estate that is mostly one house, that is felt sharply. We are happy to walk through what your situation would actually involve.
Will a Hollywood Lady Bird Deed affect my homestead exemption or Save Our Homes cap?
A properly drafted deed should not affect either during your lifetime. You retain an enhanced life estate, you stay in possession, and the Broward County Property Appraiser continues to treat you as the owner of record. The Save Our Homes cap generally resets at your death on the change of ownership, which happens with or without the deed. For a long-tenured Hollywood owner that accumulated benefit can be large while you are living.
Can I name several children on a Hollywood Lady Bird Deed?
Yes, and it is common. The practical caution is what follows: they receive the property as co-owners, and if they disagree about selling, any one of them can generally file a partition action to force a sale. Some families prefer to name one child and equalize elsewhere in the plan, or to use a trust where the beneficiaries are unlikely to agree. Worth thinking through before signing rather than after.
Does a Hollywood Lady Bird Deed trigger Florida documentary stamp tax?
In Technical Assistance Advisement 20B4-004, issued October 16, 2020, the Florida Department of Revenue concluded that an enhanced life estate deed is not subject to documentary stamp tax, because no present beneficial interest transfers when the deed is signed. Broward applies the standard statewide rate of $0.70 per $100 of consideration on taxable deeds. A Technical Assistance Advisement binds the Department only as to the taxpayer and facts presented, so your deed and any mortgage should be reviewed before recording.
Can I use a Hollywood Lady Bird Deed if I am married?
Usually yes, with your spouse joining the deed. Article X, Section 4 of the Florida Constitution prevents a married owner from conveying homestead property without the spouse joining, and homestead cannot be devised away from a surviving spouse or a minor child. The common structure is a deed signed by both spouses naming the beneficiaries who take after the second death. Second marriages need particular care.
My beneficiaries live outside the United States. Does that matter?
It makes the deed more valuable, not less. More than 43% of Hollywood residents are foreign born, and many families have children abroad. Running a Florida probate case from another country means retaining Florida counsel remotely, authenticating documents, and waiting out a process no one can attend. A Lady Bird Deed lets the home pass on the recording of a certified death certificate instead. Beneficiaries who are not US persons should still get tax advice about a later sale, including FIRPTA withholding.
Do my beneficiaries get a stepped-up basis?
Generally yes. Because you keep the enhanced powers, the transfer is treated as incomplete for federal tax purposes and the property is included in your gross estate at death, which normally produces a stepped-up cost basis. On a Hollywood home bought decades ago for a fraction of today’s value, that step-up is often the single largest financial benefit of using this deed rather than signing the house over during your lifetime. Confirm with a tax advisor.
Can a Hollywood Lady Bird Deed be changed or revoked later?
Yes, and that is the point of it. You can sell the property, refinance it, lease it, add or remove beneficiaries, or revoke the deed outright without the consent of the people named to receive it. A new deed is prepared and recorded to make the change effective.
More general questions are answered on our Florida Lady Bird Deed FAQ page.