Why Delray Beach Homeowners Use a Lady Bird Deed
The worry we hear most often from Delray Beach homeowners is leaving their children a mess instead of a home. A lady bird deed (its formal name is an enhanced life estate deed) answers it quietly: the home passes to the people you name the moment you die, with no probate, and you keep complete control while you are alive. You can sell it, borrow against it, or change your mind, all without anyone's permission.
Delray Beach is an affluent, older coastal market in south Palm Beach County, with a heavy seasonal-resident and 55+ presence. An affluent coastal retiree base makes revocable trusts, homestead protection, and Medicaid and long-term-care planning the focus. With a median home value around $560,000, keeping that value out of probate and protecting the step-up in basis matters here. See exactly how a lady bird deed works →
Where Your Deed Records in Palm Beach County
A deed only protects your family once it is properly recorded, and in Palm Beach County that happens with the Palm Beach County Clerk of the Circuit Court and Comptroller. The Palm Beach County recording office sits at 205 North Dixie Highway in West Palm Beach, but we e-record your deed electronically, so you never make the trip. The cost to record is modest and set by Florida law, the same in every county, usually around $18 to $30, plus the $0.70 minimum documentary stamp that applies because the deed is a gift at death rather than a sale. We pull your exact legal description from the last recorded deed, prepare the document, and e-record it for you, so nothing depends on you driving to a courthouse.
The Mistakes We Fix for Palm Beach County Families
The cheap way usually costs the most. A plain gift of the home to the kids loses the step-up in basis (a tax break that can save the family tens of thousands when they sell) and can trigger Florida's five-year Medicaid penalty. A do-it-yourself form often misses the homestead and spousal rules, which can quietly void the deed for a married owner. We handle those checks as part of the flat fee, so the deed actually holds up. What a valid form must contain → · when a deed is the wrong tool →
Helping Delray Beach families keep the home simple.
A free 30-minute consult confirms a lady bird deed fits, by phone or video. If a trust is the better tool, we will tell you that too.
Book your free consultWhat It Costs
Our flat fee is $399 for an individual owner and $449 for a joint deed, the same price the form mills charge, with a real attorney behind it. On top of that you pay only the government recording cost and the documentary stamp, passed through with no markup. The fee is posted up front and honored for 90 days. See the full cost breakdown →
Communities We Serve Near Delray Beach
We work with homeowners across Palm Beach County, including Downtown Delray, Lake Ida, Pineapple Grove, Seagate, Tropic Isle, Mizner Country Club, and the surrounding area. StepUp Law is a Miami firm serving Delray Beach families remotely; this is not a Delray Beach office, and we frame our work that way out of respect for Florida's advertising rules.
Frequently Asked Questions
Do I need a Delray Beach office to set up a lady bird deed?
No. StepUp Law is a Miami firm that serves Delray Beach and Palm Beach County homeowners remotely, by phone and video, with the deed signed by remote online notary and e-recorded in your county. Many of our clients are adult children handling a Florida parent's home from another state.
Where does a Delray Beach lady bird deed get recorded?
With the Palm Beach County Clerk of the Circuit Court and Comptroller, in the county where the property sits. Recording fees are set by Florida law and are the same in every county, usually about $18 to $30 for a deed like this, plus a $0.70 minimum documentary stamp because no sale is taking place.
Will a lady bird deed help my Delray Beach home avoid Medicaid estate recovery?
Yes. Florida only recovers Medicaid costs from the probate estate. Because a lady bird deed passes the home outside probate, it stays out of recovery's reach, while your homestead also stays exempt during your lifetime. It is one of the main reasons Palm Beach County families use it.
Can I still sell my Delray Beach home after signing?
Yes, and that is the whole point of the "enhanced" part. You keep the right to sell, refinance, rent, or change your mind, all without asking the beneficiaries. If the home is your homestead and you are married, your spouse still joins the deed for a sale or mortgage.
Updated June 7, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate planning and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. We serve Delray Beach and Palm Beach County residents remotely. Do not send confidential information until we have agreed to represent you.