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 New Jersey, Lady Bird deeds are not recognized as a legal instrument. New Jersey law does not provide for the creation of enhanced life estate deeds, which allow for the retention of control over the property until death while designating a remainder beneficiary. Instead, property owners in New Jersey may use other estate planning tools to achieve similar goals, such as a traditional life estate deed with retained life interest, or a revocable living trust. These alternatives can help avoid probate and manage the transfer of property upon the owner's death, but they do not offer all the same benefits as a Lady Bird deed, such as the ability to retain complete control and the flexibility to change beneficiaries without their consent. It is important for property owners in New Jersey to consult with an attorney to explore the most suitable estate planning options available under state law.