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

Asked over 2 years ago - 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. Abel Lopez

    Contributor Level 11

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    Answered . 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... more
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Matthew R. Rheingans

    Pro

    Contributor Level 7

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    Answered . 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... more

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