Legal Question in Wills and Trusts in Florida
I put my rental properties into a trust and now wish to sell some of them. Any problems?
Asked on 7/27/10, 6:28 pm
2 Answers from Attorneys
Marc J. Soss
Marc J. Soss, Esquire
Assuming the Trust was drafted by a Florida estate planning attorney, you should have no difficulty if you are the Trustee.
Answered on 8/01/10, 7:28 pm
If done correctly there shouldn't be. If done incorrectly there could be. You will find out as soon as someone examining title takes a look.
If you did not use a qualified Florida Estate Planning Attorney to deed the property into the Trust, I can almost bet you will have an issue to contend with. Specifically F.S. 689.071. Fortunately it is correctable, but with a recording cost.
Answered on 8/01/10, 7:35 pm