Legal Question in Real Estate Law in Florida

My parents purchased two adjacent lots in Marion County, FL. The properties were bought 35 years ago when I was a minor, so the deeds were titled with both my parents� names as trustees and me as the beneficiary of the trust. I would like to change the title of the deed to my name since I am 38 years old now. My father passed away 10 years ago and my mother is still alive. Each lot was assessed at 12,500 as of FY 2009. All taxes are current. My ultimate goal is to sell the lots when the market is in a better state, but I feel that it would be easier to have the deeds under my name to make the transaction easier. Any thoughts as to the easiest and less expensive way to achieve the desired result? I am an attorney licenced in NJ, MD and DC, so I am comfortable filing legal forms, although real property is not one of the areas I practice.


Asked on 5/08/10, 7:06 pm

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. I assume your mother is remaining sole trustee under the trust. I also assume that she is the grantor and owner of the parcels and you are the beneficiary under the trust. That would mean that when she dies, the lots would automatically go to you pursuant to the terms of the trust. To get the lots in your name now, your mother, as trustee, would have to deed the lots to you. It would be a quit claim or warranty deed from her, as grantor and trustee to you as grantee.

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Answered on 5/13/10, 8:18 pm


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