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The owner of a Florida Revocable Trust wants to remove a property in the trust. How is this done?

Asked about 3 years ago - Saint Petersburg, FL

The owner of a revocable trust in FL wants to remove her condo from the trust. Can we just file papers with the court or do we need a lawyer? What type of lawyer. How much will it cost? This will empty the trust would it be better to just cancel the trust? How is that done?

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Attorney answers (3)

Margery Ellen Golant

Reputation Level 18

Answered about 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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You should not try to do this yourself. While it seems like a simple matter, it is also possible to mess it up. Much depends on whether the condo was transferred to the trust. If it was, terminating the trust will actually confuse matters. If it was never transferred to the trust properly, there may be no need to do anything.

You should consult a local real estate attorney for assistance. The title to the condo will need to be checked to see what was done with it, and then whatever was done needs to be undone.

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Joseph Franklin Pippen Jr.

Reputation Level 14

Answered about 3 years ago. Estate Planning Attorney in Largo, FL.

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Thanks for question.
I would keep the trust because you can always use it in future. Review your trustees and beneficiares and make sure they are in line with current thinking.
It also might be wise to keep condo in trust -if it was properly prepared-there is no loss of homestead or save the cap etc.
If the condo is going to be sold-and if in trust-an attorney can prepare deed to buyer .
You should call several attorneys to get fee quote. Our office would charge $150 to prepare deed (plus recording cost) and have fee schedule on web site.

1-727-586-3306

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Joseph Franklin Pippen Jr.

Reputation Level 14

Answered about 3 years ago. Estate Planning Attorney in Largo, FL.

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1-727-586-3306

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