Weston Lady Bird Deed Frequently Asked Questions
If I record a Lady Bird Deed on my Weston house, is my estate handled?
No, and this is the most common misunderstanding we see in Weston. A Lady Bird Deed conveys the one parcel of real property described in it. It does nothing for your bank and brokerage accounts, your retirement accounts, your life insurance, your business interest, your vehicles or your belongings. Each of those passes by its own mechanism. If those other assets need a Florida probate case, one will open regardless of the deed. The deed keeps the house out of that case, which is worth having, but it is a component of a plan rather than the plan itself.
I own property in another state. Does my Florida Lady Bird Deed cover it?
No. Real property is governed by the law of the state where it sits. A deed recorded in the Broward County Official Records affects Broward County land and nothing else. Property in another state generally requires an instrument valid under that state's law, and if nothing is done your family may face a separate ancillary probate case there on top of the Florida administration. Not every state recognizes an enhanced life estate deed, so the right tool varies. A revocable trust is often the cleaner answer when real property sits in more than one state.
Does a Lady Bird Deed reduce federal estate tax?
No, and it is not meant to. Because you keep the power to sell, mortgage and revoke, the transfer is incomplete for federal tax purposes and the property remains in your gross estate at death. That inclusion is precisely why your beneficiaries generally receive a stepped-up cost basis. For estates of decedents dying in 2026 the federal basic exclusion amount is $15,000,000 per person, and Florida imposes no separate state estate or inheritance tax. Estates approaching the federal threshold need planning a deed cannot provide. Confirm with a tax advisor.
Should I use a trust instead of a Lady Bird Deed in Weston?
Often the honest answer is both, or a trust with the deed inside the plan rather than instead of it. A Lady Bird Deed is inexpensive, simple and effective for one parcel passing outright to capable adults. A revocable trust earns its higher cost when there is real property in more than one state, when you want to direct a sale and divide proceeds rather than hand the house to co-owners, when a beneficiary is a minor or needs protection, or when you want a plan that also manages your affairs if you lose capacity. A deed does none of that.
My children would inherit the house as co-owners. Is that a problem?
It can be. A Lady Bird Deed naming three children delivers them the house as tenants in common in equal undivided shares. If they agree on what to do, that works. If they do not, any one of them can generally file a partition action under Chapter 64 of the Florida Statutes to force a sale, including a child who simply wants their money out. On a high-value Weston home that is a large asset with no mechanism for resolving disagreement. A trust that directs a sale and divides proceeds removes the deadlock in advance.
Where is a Lady Bird Deed recorded for Weston 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 the Circuit Court. 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 Weston HOA need to approve a Lady Bird Deed?
Weston is one of the most thoroughly association-governed cities in Broward, with most homes under a neighborhood declaration and a master association above it. Whether approval is required 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 documents deserve a read before drafting.
Will a Weston 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 resets at your death on the change of ownership, which happens with or without the deed.
What happens to my retirement accounts?
They pass by the beneficiary form on file with the custodian, entirely outside your will and entirely outside any deed. That form is the controlling document, which is why a stale designation naming a former spouse or a deceased parent causes so much trouble. Most non-spouse beneficiaries of an inherited retirement account must now empty it within ten years under current federal law, which is a planning question in its own right. Confirm the treatment with a tax advisor.
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, meaning their basis becomes the date-of-death value rather than what you paid. On a long-held Weston home that has appreciated substantially, this is often worth more than the probate saving. Deeding the home to a child during your lifetime typically forfeits it. Confirm with a tax advisor.
Can a Weston 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 is genuine, and it is one reason the deed is a reasonable first step even where a fuller plan follows later.
More general questions are answered on our Florida Lady Bird Deed FAQ page.
