Legal Question in Wills and Trusts in Florida

I am trustee and PR for my mothers trust. . She has a home in her name in Martin county Fla that is free and clear of any liens and I do have the warrantee deed and all the paperwork on the purchase. I need to transfer ownership to her trust and then sell the property to satisfy her wishes. Will the state of fla. require probate to transfer the deed and sell the property. Thanks Mike


Asked on 5/21/12, 12:03 pm

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

Yes. Title should have been put in the name of the trust to avoid the probate.

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Answered on 5/21/12, 12:41 pm
Lucreita Becude Lucreita D. Becude, P.A.

If your mother is still alive, then transfer the deed to the trust. Upon her death, follow what the trust has been created for. At that point no probate. However, if she is now deceased, you have no authority to transfer the deed to the trust as she is the owner and once she passes the trust becomes irrevocable. Any property added at that point would have to be done through the court (ie Probate).

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Answered on 5/22/12, 6:51 am


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