A Lady Bird deed is a deed that allows a real property owner to transfer ownership of the property to another person or entity while continuing to use and control the property.

In some states a Lady Bird deed may be used as an estate planning tool, allowing the owner to make a lifetime gift of the property; avoid federal gift taxes (because it is an incomplete gift and is not final); avoid probate; qualify for Medicaid benefits; and continue to live in their private home after transferring ownership (title) of it to another person or entity.

A Lady Bird deed may also be referred to as an enhanced life estate deed, as it effectively gives the owner a life estate interest in the property while transferring ownership (title) to another person or entity.

Laws vary from state to state, but a Lady Bird deed may also allow the owner to continue to have complete control of the property, without input from the grantee under the Lady Bird deed. This may include the owner’s right to change their mind and sell or transfer the property to another person or entity, or to make changes to the property.

In Virginia, Lady Bird deeds are not recognized under state law. Virginia law does not provide for the use of enhanced life estate deeds, which means that property owners cannot use this type of deed to transfer property while retaining a life estate and the ability to control the property until death. Instead, individuals in Virginia may need to explore other estate planning tools to achieve similar goals, such as traditional life estate deeds, revocable living trusts, or joint tenancy arrangements. These alternatives can help property owners manage the transfer of their property upon death, potentially avoid probate, and address other estate planning concerns. It is important for property owners to consult with an attorney to understand the available options and to create an estate plan that aligns with their specific needs and the laws of Virginia.