Legal Question in Wills and Trusts in Florida

Re: Selling Real Estate held in a trust.

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There seems to be either a missing link or a serious flaw in what you said. You state that you are the successor trustee of your deceased mother's trust and want to sell her home. You also say the deed is in your mother's name. If so, the trust does not own it unless she left it to her trust in her will. When a trust is established, it must be funded. In order to fund a trust with real property, a deed must be given from mom as an individual to mom, as trustee of the trust.

If this did not happen, the property is not part of the trust and an estate will have to be established by filing with the probate court in the county in which she lived. The original will should have already been filed within 10 days of her death. A personal will be named who will then have the power to administer the estate including transferring it to you and the niece who can then agree to sell the property if you both agree. It seems clear that you need to consult a knowledgable Florida attorney to review all of the issues.

Scott R. Jay, Esq.