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Trustee Distributive Deed in Florida--please expain its use

Sarasota, FL |

Is that type of deed only for real property in Florida or can it distribute other assets out of the trust like money, etc,. in the trust through a pour over will? Can it also distribute the sale proceeds out of the trust from the sale of real property not titled to the trust that was put into the trust through a pour over will?

Thanks

Attorney Answers 2


  1. Generally, deeds transfer real estate to a new owner. However, proceeds from sales and income from trust assets, if the trust permits are distributed by check from the trust account. Note, however, that sales are often corpus transactions and are not part of the annual income that is distributed from the trust to income beneficiaries. You need to present the documentation and assets of the trust to a FL estates attorney who can give you a more definitive answer under FL law.

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  2. If a trustee is directed in a trust to distribute certain real property to named beneficiaries, the trustee will execute a deed from the trustee, to the specified trust beneficiaries entitled to the property, thus "distributing" that asset to the proper individuals in accordance with the terms of the trust. Real property held in a decedent's individual name must go through probate of the pourover will before such real property is even IN the trust, and once that has been accomplished, the trustee can distributed such real proeprty out to trust beneficiaries by the trustee named in the trust. Deeds are used ONLY to distribute real property interests and they are not used for distributing liquid assets such as bank accounts, money, stocks, bonds, or notes. If trust real property is sold, the money is payable to the trust itself, and is then distributed out by the trustee according to the terms of the trust. If real property got into the trust by virtue of the admission to probate of a pourover will, that real property is distributed first to the trustee of the trust, who then administers the trust terms and distributes sales proceeds out to trust beneficiaries entitled to it. Note that just because a trustee sold a trust property, however, regardless of whether it was in the trust at time of decedent's death, or got into the trust through probating of a pourover will, there is no requirement that a trustee MUST distribute the proceeds of sale. The terms of the trust govern, and it is possible the trustee has been given other instructions in the trust as to how to handle such proceeds, or the trustee may have been given absolute discretion as to when, or whether, such proceeds should be distributed out right away. Trustees must comply with the trust administration statutes of the state of Florida, and those statutes require a listing of assets and annual accounting which will reflect any capital gains or losses upon liquidation of an asset, earnings of the trust, distributions made to beneficiaries, etc. Once all trust expenses have been paid, once the trustee has filed all required tax returns, and has fulfilled all of the requirements the trust places upon the trustee, a final distribution will be made, a final accounting will be rendered, and the trust can be terminated. There are many different kinds of trusts and it would be impossible to answer your question without reading the trust in question, quite frankly. I hope this limited response is nevertheless of some benefit to you.

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