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.

Rhode Island does not specifically recognize Lady Bird deeds, also known as enhanced life estate deeds, under its state statutes. Unlike some other states where Lady Bird deeds are a recognized estate planning tool, Rhode Island law does not provide for this type of deed that allows property owners to retain control over their property until death while designating a remainder beneficiary. Property owners in Rhode Island looking to avoid probate and address estate planning concerns may need to consider alternative methods such as traditional life estates, trusts, or joint ownership with rights of survivorship. It is important for property owners to consult with an attorney to explore the estate planning options that are compliant with Rhode Island laws and tailored to their specific needs.