Legal Question in Wills and Trusts in Florida

I reside in Fort Myers, Fla. and am considering "revoking" my Living Trust. A "quit-claim deed" to my property (titled in my name only and only the word "parties" stated in the quit-claim deed) ) is currently named in the Trust document. Will I be legally required to have a new Warranty Deed drawn up and recorded "again" in Lee County, and pay again document stamp fees ($700 plus) naming myself as Grantor and family members as Grantees, if I proceed with the Trust revocation? Or, is the quit-claim deed, as currently recorded in Lee County, valid whether or not I revoke my Living Trust?


Asked on 5/12/14, 1:55 pm

3 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Impossible to answer your questions without seeing the documents. Seek legal help to make sure you get this done correctly.

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Answered on 5/12/14, 2:12 pm
Joseph Pippen Law Office of Joseph Pippen & Associates

Naming the property in the trust agreement is not the same as a transfer to the trust.

So-it is possible that the property is not in the trust.

Best bet-have an attorney review everything and advise.

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Answered on 5/12/14, 2:55 pm
David Slater David P. Slater, Esq.

If you revoke the trust, you will need a new deed for the new owner.

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Answered on 5/16/14, 3:14 pm


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