Black Mountain, NC asked in Estate Planning for Florida

Q: I just had a trust restatement&amendment done last week to add my son as co-trustee. Do I need to retitle my condo?

The new certificate of trust reads "the manner in which trust assets properly should be titled is Jane Doe and Bill Doe, trustees of the Jane Doe Revocable Trust. dtd. 1/1/2012" Everything is currently titled: Jane Doe, trustee of the Jane Doe Revocable Trust, dtd 1/1/2012. Does my Florida condo need to be retitled to add my son on title. Or can I just have the certificate redone to change how it should be titled. I'm confused.

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2 Lawyer Answers
Mark Siegel
Mark Siegel
Answered
  • Estate Planning Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: The property is titled in the name of the trust. Since the name of the trust has changed (the date of the new trust is probably not the date of the original one and Bill Doe was added), you should file a simple deed to change the name of the owner to the new trust. It is not expensive for the recording fee or the preparation of a simple deed.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You should speak with your attorney who prepared your trust restatement and amendment. Depending on what language was included and how the trust restatement refers back to the date of creation of the original trust, you should not be required to re-title your real property or execute another deed into trust. As to that portion of the question, I disagree with Mr. Siegel's response. However, you may wish to have your attorney prepare and record a trust certification if you have added your son as a successor co-trustee, or if you have named your son as a current co-trustee, then your attorney could prepare a separate appointment and acceptance of co-trustee, which could then be recorded in the public records. What you need to add to the public record is that there is now a co-trustee, and that does not have to be done by deed as the property has already been transferred to the trust. Trust funding and updating the public record with the addition of the co-trustee is something you will need an attorney to assist you with.

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