Homestead Lady Bird Deed Frequently Asked Questions
I live in a mobile home. Can I use a Lady Bird Deed?
It depends entirely on whether the home is real property or personal property, and this is the most important question on this page. A deed conveys real property. A manufactured or mobile home is treated as real property in Florida only when you own the land it sits on, the home is permanently affixed, and it has been declared real property using Florida Department of Revenue form DR-402, certified by the Property Appraiser, with an RP decal obtained from the Tax Collector. If those steps were completed, a Lady Bird Deed on the land carries the home with it. If they were not, the home is still titled personal property with an MH decal and a certificate of title, and a deed does not transfer it.
What if I own the mobile home but rent the lot in a park?
Then the home cannot be real property, because you do not own the underlying land. It remains personal property with a certificate of title, similar to a vehicle. A Lady Bird Deed is not the instrument for it. Transferring it at death is handled through the title system rather than the land records, and the lot lease with the park is a separate matter. This is common in South Miami-Dade and worth getting clear guidance on rather than assuming a deed will cover it.
My land has an agricultural classification. Will a Lady Bird Deed affect it?
The deed itself does not remove a classification, and while you are living and continuing the same bona fide agricultural use nothing should change, because you remain the owner of record with an enhanced life estate. What deserves planning is what happens after your death. A change of ownership commonly prompts the Property Appraiser to review whether the classification still applies, and the classification depends on the land actually being used in good faith for commercial agriculture. If your beneficiaries intend to keep farming, they should understand they may need to reapply and demonstrate continued use. If they intend to stop, the assessment will change substantially.
Is Homestead property recorded differently because it is far from downtown Miami?
No. All Miami-Dade property, including Homestead, Florida City and the Redland, records in the same Miami-Dade County Official Records maintained by the Clerk of the Court and Comptroller. The counter is at Courthouse East, 22 NW First Street in downtown Miami, roughly thirty-five miles from Homestead. This is one reason most attorneys and title companies use approved e-recording providers, which return the recorded instrument in a day or two without anyone driving north.
Our house was rebuilt after Hurricane Andrew. Does that matter?
It does not affect whether a Lady Bird Deed works, but it can matter to your beneficiaries. A great deal of Homestead housing was rebuilt or heavily repaired after 1992, and some of that work was permitted properly while some was not. Open permits and unresolved code enforcement matters surface later, when your beneficiaries try to sell, refinance or insure the property, and recorded code liens follow the property to them. If you know of unpermitted work or an open permit, it is far cheaper to resolve while you are alive.
Homestead has a much younger population. Is a Lady Bird Deed still worth doing?
Yes, and arguably more so. Only 8.5% of Homestead residents are 65 or older, which means most owners here are building rather than winding down. That is exactly when a plan is cheapest to put in place and least likely to be contested. It is also when families are most likely to have minor children, which is the one situation where Florida homestead law restricts what a Lady Bird Deed can do, so it deserves a proper look rather than a form.
I have minor children. Can I still use a Lady Bird Deed?
This needs care. Article X, Section 4 of the Florida Constitution provides that homestead cannot be devised when the owner is survived by a minor child. A Lady Bird Deed naming someone other than that child can fail at your death, and the failure is discovered at the worst possible time. Given that Homestead has one of the youngest populations in Miami-Dade, this comes up here more than in most of our markets. It does not mean nothing can be done. It means the plan has to be built around the restriction rather than ignoring it.
Will a Homestead Lady Bird Deed affect my homestead exemption?
A properly drafted deed should not affect your homestead exemption or your Save Our Homes assessment cap during your lifetime. You retain an enhanced life estate, you remain in possession, and the Miami-Dade Property Appraiser continues to treat you as the owner of record. Note that the homestead exemption and an agricultural classification are different things assessed differently, and a parcel can involve both a residence and classified agricultural land.
Can I use a Lady Bird Deed on land with no house on it?
Yes. A Lady Bird Deed works on vacant land, farmland and acreage just as it does on a house, and it will keep that parcel out of probate the same way. Two differences matter: vacant and non-homestead land does not carry Florida homestead creditor protection, and it is not shielded from Medicaid estate recovery by homestead status, only by staying out of the probate estate.
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 remains in your gross estate at death, which normally produces a stepped-up cost basis. For South Miami-Dade land that has appreciated substantially since the 1990s, that step-up can be significant. Confirm the treatment for your situation with a tax advisor, particularly where agricultural land is involved.
Can a Homestead 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 a younger owner whose family circumstances may change considerably over coming decades, that flexibility is a significant advantage over any arrangement that gives away an interest today.
More general questions are answered on our Florida Lady Bird Deed FAQ page.