What is a lady bird deed? Can I use a lady bird deed in North Carolina?

A lady bird deed, also known as an enhanced life estate deed, is a very specific type of deed that allows an owner to reserve a life estate in their real estate while also maintaining the ability to sell or mortgage the property and keep the proceeds while they are living. Upon the passing of the property owner (life tenant), the property transfers directly to the remainder interest individuals outside of probate, and should typically bypass any creditor claims filed during the probate process.

Yes, lady bird deeds can be used in North Carolina and can be used for Medicaid/long-term care planning under the correct circumstances. Lady bird deeds are a very complex area of estate planning and real estate law as there are certain rules and conditions that must be discussed prior to implementation because every situation is unique.

Please give me a call for a free estate planning consultation to find out if a lady bird deed is the right choice for you and your family. We can help clients throughout North Carolina.