Legal Question in Wills and Trusts in Florida

My mother had a revocable trust and was a resident of Miami-Dade. Her trust made my sister and I co-successor trustees and the trust made the two of us sole beneficiaries. Now I�d we�d like to transfer the deed of the condo to my sister from the trust. The attorney we contacted said that the trust has to go through administration to properly transfer the deed for the condo to my sister in such a way that she will be able to sell it later without any �issues.� We have taken the steps below and I�m not clear why we can�t as successor trustees just have a quit claim deed and contract of sales prepared by an attorney. The attorney we contacted hasn�t told us what needs to be filed and with whom, but has implied that other documents need to file to has a clear title. I�d very much appreciate knowing whether there is more to do and, if so, what has to be done.

We have paid all the debts of our mother's estate, with the only new and recurring debts being those related to the Bay Harbor Island condo; those are being paid as they become due.

We filed a Notice of Trust in Miami-Dade county.

We are working with a CPA to file the estate tax, and had an appraiser assess the value of the Florida condo.

We have calculated the Date of Death value of my mother's assets in collaboration with our accountant.

Along the way we prepared an inventory of the estate assets.

We have distributed the proceeds of the trust, including personal items and those financial assets held in the irrevocable trust, acting as co-successor trustees.

We have filed an ancillary�petition of probate with the State of NY that has been approved; letters testamentary were issued to my sister and I; we closed on the sale of the Great Neck Plaza, NY, property acting as co-executors of the estate and distributed the proceeds.

As both co-successor trustees and the only beneficiaries, my sister and I have maintained a running accounting of all estate assets and have agreed to equitably distribute the proceeds along the way.

I llive in NY and MA, but as I write above, the property is in Florida.


Asked on 8/09/15, 8:29 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

If the Condo was in the name of the trust it can be conveyed by Trustees Deed. If it was still in your mothers' name, her estate must go to probate.

Read more
Answered on 8/09/15, 8:59 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

I agree with Mr. Slater. if the attorney recommended probate administration it would potentially mean the property was never actually transferred to the trust and therefore probate is required. Seek another opinion with all your actual paperwork not just your summary.

Read more
Answered on 8/09/15, 10:25 am
Ronald Jones Ronald A. Jones, PA

I don't know, but it is possible that even if the condo is titled in the name of the trust that the attorney is worried about keeping the title clean. Long story short is, Florida law makes the trust is liable for debts of the decedent up to 2 years after date of death; unless a probate is brought and the estate is advertised in which case it is cut down to 3 months from the date of the advertisement. In my experience, some title companies will insist on a probate and advertisement before they will insure title on a transfer out of trust if the decedent has been dead less than 2 years. That may be the reason; that is why I will frequently bring a summary administration where there is real estate held in a trust; it makes the title companies happy. I understand from other attorneys that not all title companies insist on this, but in my experience, in my locality (not south Florida) they insist on this or they will not issue title insurance.

Read more
Answered on 8/10/15, 6:26 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida