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Florida land trust: if new trustee, do I need to change the deed?

Kendall, FL |

If a condo in Florida is titled in the name of a trustee of a revocable trust and the trustee resigns, does the deed have to be re-recorded to show the name of the new trustee? The trust document provides for the change of trustee, and all the provisions of the trust document have been complied with. Thanks

Attorney Answers 3


  1. Best answer

    You don't have to do so now, but you should because if your need to sell, mortgage, etc., the condo you will have to in order for you to be able to sign the deed.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney before making any decisions based on this answer.


  2. No-but the proper documents would have to be recorded if the property was transferred out of the trust to show the authority of the trustee to transfersaid property.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  3. I agree with the other two answers. When you go to sell or mortgage the property, a title insurer will require you to file a Notice of Acceptance of Trust and the relevant portions of the trust document showing that the trustee has the authority to sell, encumber, or convey the property along with an affidavit from the trustee reciting their authority.

    This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.

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