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Does a revocable trust have to be recorded in the county in Florida.

North Fort Myers, FL |

A restated trust has been prepared. I know I must have it signed, witnessed, and notarized. Do I have to do anything more go to the county clerks office to have it notarized etc.?

Attorney Answers 2


There is no specific requirement to involve the court clerk's office, so long as the legal requirements for witnessing otherwise have been met.

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If you have not done so, please see an attorney. Your beneficiaries may end up paying to resolve the problems created by improper execution or errors or ommissions in the document. The clerk's office should not notarize the document and many banks now have a policy of not notarizing wills or trusts due to the litigation that can arise over the signing procedures. I would rather see someone spend a little now to have a planning attorney help than to see a litigation attorney make a lot more when problems arise.

There is so much more to having a trust prepared, such as determining which assets should be transferred to the trust and how they should be transferred, especially with problem assets like hometead and IRA's that should not become a trust asset in most cases.

Also, preparing and signing the document is only the begning of the process. A licensed attorney can advise you accordingly.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

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