Miami Lady Bird Deed Attorney

Miami Lady Bird Deed Attorney

A Miami Lady Bird Deed, also known as a Florida Enhanced Life Estate Deed, allows your Miami home or condo to transfer directly to your chosen beneficiaries when you pass, without going through the Miami-Dade Circuit Court probate process. During your lifetime, you stay in full control: you can live in the home, rent it out, sell it, refinance it, or change beneficiaries any time you choose.

For Miami-Dade homeowners, this matters for one simple reason. Formal probate in Miami-Dade can take six months to well over a year, with court filings, statutory attorney fees, and creditor notice periods. A properly drafted Miami Lady Bird Deed can let the home skip that process entirely and pass to your family on the recording of a death certificate.

Yanitza Schoonover assists Miami homeowners with Lady Bird Deeds drafted to address Florida homestead law, Miami-Dade recording requirements, and your broader estate plan.

Miami Estate Planning Snapshot

Miami is one of the most diverse property markets in the country. Many Miami-Dade homeowners hold significant equity in their home or condo, often as the largest asset they own. A Miami Lady Bird Deed is a focused tool for keeping that property in the family without unnecessary court involvement.

• 15.9% of Miami residents are age 65+

• 30.8% of Miami housing units are owner-occupied

• $518,100 median value of owner-occupied housing

• $62,462 median household income

• 57.7% of Miami residents are foreign-born

• 77.2% speak a language other than English at home

A high foreign-born population and a heavy concentration of multi-generational households shape the estate planning conversation in Miami. Many families want a clear, simple way to leave the home to children or grandchildren, sometimes spread across countries, without forcing them into a Miami-Dade probate case to receive it.

A Miami Lady Bird Deed attorney can confirm the deed is drafted correctly for Florida homestead rules, fits your overall estate plan, and accomplishes the goal of avoiding Miami-Dade probate.

Miami median home price trend (past decade)

What Is a Miami Lady Bird Deed?

A Miami Lady Bird Deed is the common name for a Florida Enhanced Life Estate Deed used by a homeowner in Miami-Dade County. The deed names your beneficiaries (called remaindermen) who receive the property automatically at your death, while reserving an enhanced life estate that lets you keep total control during your lifetime.

Under the enhanced life estate, you can sell the property, refinance it, lease it, mortgage it, or revoke the deed entirely without permission from the named beneficiaries. That is the key difference between a Florida Lady Bird Deed and a traditional life estate deed, which would tie your hands.

Because the property transfers outside of probate, a Miami Lady Bird Deed is often the simplest and most cost-effective option for Miami-Dade homeowners whose home is their primary asset and who want a clean, direct transfer to family.

Recording a Lady Bird Deed in Miami-Dade County

A Miami Lady Bird Deed has to be properly drafted, signed, witnessed, notarized, and recorded with the Miami-Dade County Clerk of Courts, Recording Department to be effective. Recording is what gives the deed public notice and protects your beneficiaries down the road. The Miami-Dade Recording Department is located at the Miami-Dade County Courthouse area in downtown Miami, and deeds can typically be submitted in person, by mail, or through approved e-recording providers.

Recording Fees and Documentary Stamp Tax

Miami-Dade County charges standard Florida recording fees, currently $10.00 for the first page and $8.50 for each additional page, plus a small indexing fee for additional names. These fees are set by Florida statute and are the same across counties, but Miami-Dade handles a very high recording volume so processing timelines can vary.

Florida normally imposes documentary stamp tax on deeds at a rate of $0.70 per $100 of consideration. Under guidance from the Florida Department of Revenue, a Lady Bird Deed recorded with no consideration on a property that is not encumbered by a mortgage is generally not subject to documentary stamp tax. If there is a mortgage on the property, documentary stamps may apply to the outstanding balance. This is one of the reasons the deed should be reviewed for your specific situation before recording.

Homestead Exemption and Save Our Homes

Miami-Dade County has one of the highest property tax bases in Florida, so the homestead exemption and the Save Our Homes 3% assessment cap matter financially. A properly drafted Miami Lady Bird Deed should not disturb your homestead status during your lifetime, because you retain enhanced life estate ownership and continue to occupy the property as your primary residence. The Miami-Dade Property Appraiser continues to treat you as the owner of record for homestead and Save Our Homes purposes.

Who Commonly Uses a Miami Lady Bird Deed?

Miami's housing market and demographics produce some recurring situations where a Lady Bird Deed is a strong fit:

• Multi-generational Miami families wanting the home to pass directly to adult children

• Widowed Miami-Dade homeowners whose homestead represents most of the estate

• Brickell, Edgewater, and downtown condo owners who want a clean transfer to a beneficiary

• Snowbird homeowners who treat a Miami property as their Florida homestead

• Long-time owners in Coral Gables, Coconut Grove, Little Havana, and Westchester with substantial equity

• Non-citizen and non-resident property owners who need probate-avoidance planning coordinated with federal tax considerations

For families spread between Miami and another country, avoiding a Miami-Dade probate case can save the heirs months of paperwork, attorney involvement in two jurisdictions, and travel. A Miami Lady Bird Deed attorney can review your goals and confirm whether the deed is the right tool, or whether a revocable trust or different approach makes more sense.

Miami Lady Bird Deed Frequently Asked Questions

Does a Miami Lady Bird Deed work for a condo in Brickell, Edgewater, or downtown Miami?

Yes. A Miami Lady Bird Deed can be used for a condominium unit in Miami-Dade County just as it can for a single-family home. The deed transfers the unit to your named beneficiaries at death without probate. Because condo associations have their own transfer rules, assessment liens, and right-of-first-refusal provisions in some buildings, the deed should be drafted with the specific condo documents in mind.

Will a Miami Lady Bird Deed affect my Save Our Homes cap or Miami-Dade homestead exemption?

A properly drafted Miami Lady Bird Deed should not affect your homestead exemption or Save Our Homes 3% assessment cap during your lifetime, because you retain enhanced life estate ownership and continued use of the property. The Miami-Dade Property Appraiser treats the homeowner as the owner of record for homestead purposes while the enhanced life estate is reserved.

How long does Miami-Dade probate typically take if I don't have a Lady Bird Deed?

Formal probate administration in the Miami-Dade Circuit Court Probate Division commonly takes six months to over a year, depending on the size of the estate, creditor claims, and court schedule. Summary administration can be faster when the estate qualifies. A Miami Lady Bird Deed can allow the home itself to transfer outside this process entirely.

Does a Miami Lady Bird Deed trigger Florida documentary stamp tax?

Under current Florida Department of Revenue guidance, a Lady Bird Deed recorded with no consideration on a property that is not encumbered by a mortgage is generally treated as not subject to documentary stamp tax. If the property has a mortgage, documentary stamps may apply to the outstanding balance. Each situation should be reviewed individually before recording.

Can I use a Miami Lady Bird Deed if my home is owned by an LLC?

A Lady Bird Deed transfers real property owned by an individual. If your Miami home is titled in the name of an LLC, the LLC owns the property, not you personally, so a Lady Bird Deed is not the right tool. Estate planning for LLC-held real estate typically involves the LLC operating agreement, membership interest transfers, and sometimes a trust.

What happens with a Miami Lady Bird Deed if I am a non-US citizen owning property in Miami?

Non-citizen and non-resident property owners in Miami face additional considerations including federal estate tax exposure for non-resident aliens, FIRPTA implications on sale, and treatment of property at death under both Florida and federal law. A Lady Bird Deed may still be useful for probate avoidance, but the broader plan should account for these federal issues, which often involve coordination with a tax professional.

We also assist homeowners in nearby Miami-Dade and Broward markets including Miami Beach, Doral, Kendall, Hialeah, Homestead, Hallandale Beach, and Fort Lauderdale.