Is a quitclaim deed the same as a lady bird deed in Florida?

The Florida lady bird deed (also called an enhanced life estate deed) is not the same thing as a quitclaim deed. However, it is possible for a single deed to be both a lady bird deed and a quitclaim deed.

What is a Quitclaim Deed?

The term “quitclaim” means that the grantor makes no representations as to the grantor’s ownership of the interest being transferred. In other words, a person transferring property by quitclaim deed promises nothing about their ownership of the property. For example, imagine that Joe uses a quitclaim deed to transfer his house to Dennis. This means that Dennis now has the same ownership of the house that Joe had before the transfer. Also, it means that the deed does not guarantee that there was not some problem or defect in Joe’s ownership of the house that also got transferred to Dennis. These problems might include liens, easements, or other encumbrances. Thus, a quitclaim deed is a deed in which the grantor makes no guarantees to the grantee that the grantor owns the property free and clear of encumbrances.

What is a Lady Bird Deed?

A lady bird deed is a life estate deed that gives the grantor complete control of the property until the grantor’s death. This is a most commonly used as an estate planning tool. Typically, the grantor will keep a life estate in the property while giving someone else (such as one of the grantor’s adult children) the remainder interest. When executed properly, this arrangement allows the grantor to live in the property until death and even sell or give away the property to a third party if the grantor so chooses.

Quitclaim Deed vs Lady Bird Deed

A lady bird deed can be a quitclaim deed, but it does not have to be. Often a lady bird deed will be executed without any warranties made. If so, that lady bird is also a quitclaim deed. However, if warranties are made as part of the deed, then the lady bird deed will be a “warranty deed” or a “special warranty deed.”

If you are considering using a lady bird deed in your estate plan, you should contact a Florida estate planning attorney.