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Elder Care & Medicaid Planning

Life Estate Deed with Enhanced Powers (Lady Bird Deed)

Ladybird deed transfers home at death with §1014 step-up, avoids probate, and doesn't trigger Medicaid transfer.

Overview

An Enhanced Life Estate Deed (Lady Bird Deed, valid in FL, TX, MI, VT, WV) transfers remainder interest to beneficiaries while grantor retains full control — including the right to sell/mortgage/revoke. Because grantor retains the power to defeat the transfer, it's not a completed gift for Medicaid purposes (no transfer penalty) but at death passes outside probate with full basis step-up. Costs $100–$500 vs $5K+ for a trust.

Best fit
Homeowners 65+ in FL/TX/MI/VT/WVSimple estates avoiding probateMedicaid planning + basis step-up
Estimated impact
Probate costs ($5K–$50K) + basis-step-up gains

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