Pembroke Pines Lady Bird Deed Frequently Asked Questions
My home is in a 55+ community. Can my children inherit it if they are under 55?
They can inherit ownership. Whether they can live there is a separate question, and this distinction catches families off guard. A Lady Bird Deed transfers title, and title can pass to a beneficiary of any age. But an age-restricted community’s governing documents typically require every occupied home to have at least one resident aged 55 or older. So an heir under 55 may own the property and still be unable to move into it. In practice their options are usually to sell, or to rent it to a qualifying tenant if the documents permit leasing.
What is the 80/20 rule and does it help my under-55 heir?
The federal Housing for Older Persons Act requires an age-restricted community to have at least 80% of its occupied units occupied by at least one person aged 55 or older. People often assume the remaining 20% is a guaranteed allowance for younger residents. It is not. HUD has made clear that an association may set stricter requirements, including requiring 100% of units to have a resident aged 55 or older, so long as it meets the 80% floor. Whether your heir can occupy depends on your specific community’s governing documents.
Should I name a beneficiary who is over 55 instead?
It is one option and worth discussing, but do not let the community rules drive the whole plan. Naming a sibling or older relative purely to satisfy an age restriction can create other problems, including unintended distribution of your estate. More often the sensible approach is to name the people you actually want to receive the property and make sure they understand in advance that they may need to sell or lease rather than occupy.
Where is a Lady Bird Deed recorded for Pembroke Pines 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.
Does my Pembroke Pines HOA have to approve a Lady Bird Deed?
It depends on your documents. Many associations require notice or approval when record title changes, 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 deserve a read before drafting. Assessments and any recorded lien follow the property to whoever inherits it.
Will a Pembroke Pines 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 Broward County Property Appraiser continues to treat you as the owner of record. The cap generally resets at your death on the change of ownership.
Did Florida change the summary administration limit in 2026?
Yes. Effective July 1, 2026, CS/SB 1500 raised the non-exempt asset ceiling from $75,000 to $150,000 under Fla. Stat. § 735.201. The new limit applies only to decedents who die on or after that date, and summary administration remains available at any value once more than two years have passed since the death. Even then, a homestead usually still requires a separate order determining homestead status before title is marketable.
Does a Pembroke Pines Lady Bird Deed protect the 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.
Can I use a Lady Bird Deed on a villa or condominium unit?
Yes. The deed works the same on a villa, townhome or condominium unit as on a single-family home. What differs is the surrounding governance: the declaration controls transfer approval, leasing, age restrictions and assessments, and those obligations follow the unit to your beneficiaries. For units in older buildings, milestone inspection and structural reserve assessments should also be on the radar.
Do my beneficiaries get a stepped-up basis?
Generally yes. Because you keep the enhanced powers, the property remains in your gross estate at death, which normally produces a stepped-up cost basis. This matters especially where a beneficiary cannot occupy an age-restricted home and will need to sell it, since the step-up can eliminate most of the capital gain on that sale. Confirm the treatment with a tax advisor.
Can a Pembroke Pines 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. That flexibility matters here, because association rules and family circumstances both change over time.
More general questions are answered on our Florida Lady Bird Deed FAQ page.
