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 Washington State, Lady Bird deeds are not recognized as a legal instrument. Washington law does not provide for the use of enhanced life estate deeds, which allow for the retention of control over the property until death while designating a remainder beneficiary. Instead, individuals in Washington may use other estate planning tools to achieve similar goals, such as a revocable living trust or a transfer on death (TOD) deed. A TOD deed, also known as a beneficiary deed, allows property owners to name a beneficiary who will receive the property upon the owner's death without the need for probate. However, unlike a Lady Bird deed, a TOD deed does not allow the owner to retain the same level of control over the property during their lifetime. Property owners in Washington should consult with an attorney to explore the most appropriate estate planning options for their specific situation.