I just had a trust restatement and amendment done last week to add my son as co-trustee. Do I need to retitle my condo in Florida?
The issue is that the North Carolina attorney (where I currently live half time) put into the certificate of trust that "the manner in which trust assets properly should be titled is Jane Doe and Bill Doe, trustees of the Jane Doe Revocable Trust. dtd. 1/1/2012" He doesn't t know about whether I need to have my Florida property retitled to match that. Everything is currently titled: Jane Doe, trustee of the Jane Doe Revocable Trust, dtd 1/1/2012. Does my Florida condo need to be retitled to add my son on title. Or can I just have the certificate redone to change how it was titled before. I'm confused.
No-Generally deeds do not have to be refiled when you amend your trust.
Corrective steps can be taken at the time of death when your son is the sole trustee.
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.
In your scenario, you do not indicate what State you declare as your domicile or whether you may be thinking about changing it. Whether you are a Florida resident who is using a North Carolina attorney to tile property located in Florida in your Trust Instrument, restated or otherwise, or a North Carolina resident who owns property in Florida and who may decide to declare Florida as your domicile, you would want to have a Florida Trust attorney review the documents and provide you an opinion as to whether the Trust has been executed with the formality required under the Florida Trust Code, especially as to dispositive provisions in the Trust and Florida's special homestead provisions. Unfortunately, there a few traps that are confusing. So you would be well advised to have the documents reviewed by a Florida attorney prior to your demise. Good luck!
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