In short: The “lady bird deed” is named after the Johnson family, but not because they used one. According to an often-cited account, Florida attorney Jerome Ira Solkoff drafted early versions around 1982 and explained them with a fictional family named Linton, Lady Bird, Lucie and Lynda. The formal name is an enhanced life estate deed.
Where the name came from
The common story that President Johnson deeded property to Lady Bird this way is not supported. An Institute of Continuing Legal Education article (2015) credits Florida elder law attorney Jerome Ira Solkoff with drafting the first such deed around 1982. His teaching materials used a fictional family with names borrowed from the Johnsons. His son, attorney Scott Solkoff, has described the nickname as an unintended result of those materials.
The label stuck because it was memorable. Courts, title companies and lawyers in Florida all use it.
What the deed does
An enhanced life estate deed transfers a future interest in real estate to named beneficiaries while the owner keeps a life estate plus the power to sell, mortgage or change the beneficiaries without their consent. When the owner dies, the property passes to the remainder beneficiaries without probate.
The “enhanced” part is the retained control. With a traditional life estate deed, the owner cannot sell or mortgage without the remainder beneficiaries joining.
How Florida law treats it
No Florida statute creates or defines the enhanced life estate deed; it is a product of common law and practice that title insurers in Florida accept. Several statutes touch it indirectly, including the homestead rules.
If the property is homestead and the owner is married, the homestead devise restrictions can still apply. Florida law allows a spouse to waive those restrictions in a deed (§ 732.7025), so it is common for the spouse to join or sign the waiver.
Where it can go wrong
- Naming a beneficiary who dies first without a backup.
- Leaving out a spouse’s joinder or waiver on homestead.
- Using it for property with tenants, mortgages or co-owners without planning for them.
- Using it when the family really needs a trust, for example for a minor or a beneficiary who receives government benefits.
Lessons
- The Johnsons did not invent or use the deed; the name came from a Florida lawyer’s examples.
- The deed lets an owner keep full control and still avoid probate on the house.
- Married homestead owners need to address the spouse’s rights.
- Name contingent beneficiaries.
Source: Kary C. Frank, “The Search for the Lady Bird Deed,” ICLE (Apr. 17, 2015)
Source: Fla. Stat. § 732.7025 (2026), Florida Senate
Watch the Video
Why Is It Called a Lady Bird Deed?
Go Deeper
- Florida Lady Bird Deeds: Enhanced Life Estate Deeds
- How to Avoid Probate in Florida, and the POD Trap
- Florida Surviving Spouse Homestead Rights
Frequently Asked Questions
Was the lady bird deed named after Lady Bird Johnson?
Indirectly. The name comes from a Florida lawyer’s teaching examples that used a fictional family with Johnson family names, not from any deed the Johnsons signed.
What is the legal name of a lady bird deed?
An enhanced life estate deed.
Does a lady bird deed avoid probate in Florida?
Yes, for the property it covers. The property passes to the remainder beneficiaries at the owner’s death without probate.
Can I sell my house after signing a lady bird deed?
Yes. The owner keeps the power to sell, mortgage or change beneficiaries without their consent.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
