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Cover of Are Florida Lady Bird Deeds Just for Women? by Kevin D. Klagge

You Didn't Build It to Lose It

Are Florida Lady Bird Deeds Just for Women?

And Every Other Question This Lawyer Receives About Deeds, Trusts and Keeping a House Out of Probate

By Kevin D. Klagge, Esq. · StepUpLaw · 34 chapters

Free as an ebook. The Amazon Kindle edition is $0.99, the lowest price Amazon allows.

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About the Book

Are lady bird deeds just for women? No. The name comes from a story about Lady Bird Johnson that nobody has ever proved, and the deed has nothing to do with whether the owner is a man or a woman.

That is the first of thirty-four questions in this book, and each one is a question Florida homeowners actually ask. What is a lady bird deed? Does it really avoid probate? Does my spouse have to sign? Can Medicaid take the house? Will my children pay capital gains tax? What happens if I cannot sign anymore? Do I need a trust instead, or both?

Each chapter answers its question in the first two sentences, then shows why, through a real case or a situation that comes up again and again in practice. The book covers the Florida homestead rules that void deeds a spouse did not sign, the paragraph of reserved powers that separates a lady bird deed from an ordinary life estate, what a revocable trust does that a deed cannot, and where each one fails.

Every statute, case and agency ruling is cited to its source, so a reader or another lawyer can check the law for themselves. Where the law is unsettled, the book says so.

The 34 Questions

  1. Are Lady Bird Deeds Just for Women?
  2. What Is a Lady Bird Deed?
  3. What Is a Revocable Living Trust, and Do I Need One?
  4. Is a Lady Bird Deed Even Legal in Florida?
  5. What Is the Difference Between a Life Estate and a Lady Bird Deed?
  6. Does a Lady Bird Deed Really Avoid Probate?
  7. How Much Does a Lady Bird Deed Cost?
  8. Who Owns the Property Under a Lady Bird Deed?
  9. What Happens If I Cannot Sign Anymore?
  10. Does My Spouse Have to Sign?
  11. Will I Lose My Homestead Exemption?
  12. Will My Kids Get Hit With Capital Gains?
  13. Can Medicaid Take My House?
  14. What Does the State Take Back After I Die?
  15. Can My Creditors Take the House?
  16. What If My Child Gets Divorced or Files Bankruptcy?
  17. Can I Do This If I Still Have a Mortgage?
  18. What About a Reverse Mortgage?
  19. Will a Title Company Insure It?
  20. Can Someone Contest It After I Die?
  21. I Am Remarried. Does This Still Work?
  22. Can I Leave It to a Minor or a Child on Benefits?
  23. What If I Name More Than One Child?
  24. What About My Property in Another State?
  25. Does Florida Have a Transfer on Death Deed?
  26. How Do I Actually File One?
  27. Can I Change My Mind Later?
  28. What Does My Family Do the Week After I Die?
  29. What Are the Disadvantages of a Lady Bird Deed?
  30. What Are the Disadvantages of a Trust?
  31. Do I Still Need a Will?
  32. Can I Have Both a Deed and a Trust?
  33. Can I Just Do It Myself?
  34. So Which One Do I Actually Need?

About the Author

Kevin D. Klagge, Esq. is a Miami attorney who has spent more than fourteen years litigating cases built on poorly drafted documents, and who drafts his own clients’ plans to hold up if they are ever attacked. He runs StepUpLaw, publishes as StepUpLaw, and is a partner at Assouline & Berlowe, P.A. His full biography is on the about page.

The site covers the same questions with current figures and calculators, starting with the guide to Florida lady bird deeds, lady bird deed vs. living trust and the probate cost calculator.

This book is general information about Florida law and is not legal advice. © 2026 StepUpLaw. Published by StepUpLaw. Reading the book or this page creates no attorney-client relationship.

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