Legal Question in Wills and Trusts in Florida

Re: change vesting from individual to trust

I would be surprised if any reasonable attorney would directly answer this question. By answering, an attorney would be giving tacit approval of the Trust, not having even seen it, and the way your question was phrased, having question as to whether it was properly executed. He needs to contact an attorney to review the Trust and to prepare any necessary deed. In this area, peace of mind is what everyone is seeking, and I would be surprised if he or you would have that peace.

Re: change vesting from individual to trust

What did you spend for this piece of boilerplate drafting you bought at Staples? $100? $150?

How much does he you and the heirs want to spend in legal fees if this trust or the deed into the trust turns out to be defective? $2k? $6K? More?? How about nursing home fees if he loses eligibility for Medicaid? $100K

No ethical attorney I know will -- or indeed, is allowed to -- tell you how to word this deed. It's an invitation to a malpractice suit and a bar complaint. First, your uncle's current deed may be defective for any number of possible reasons, or there may be a "cloud on the title" which will make the unit difficult or impossible to sell down the road until it's fixed. Second, the trust itself creates tax and Medicaid consequences for your uncle, and ultimately for you and the other heirs. Your uncle may become ineligible for Medicaid coverage, or, if it's a badly drafted irrevocable trust, lose critical income tax advantages.

Have your uncle see a local, experienced estate planning or elder law attorney (NOT someone running a "trust mill") who can make sure that he has ALL the documents he needs, and that the documents are properly tailored to suit his needs.

Re: change vesting from individual to trust

Since you purchased a "canned" trust, it is advisable for you to contact an estate planning attorney to review the trust documents. The process to have the deed changed from an individual to the name of the trust is not a complex matter, however we suggest a review of the documents prior to the change of name.

Re: change vesting from individual to trust

If you are willing to use a "canned" trust, I find it odd a "canned" deed is not to your liking. But let me go on record, as others who have answered your question have, by saying you are walking through a mine field and I suggest you seek legal advise.

Reply: change vesting from individual to trust

In a general sense, you would use a Trust Transfer Deed.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law and estate planning issues issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com