Madison, AL asked in Real Estate Law and Tax Law for Florida

Q: can real estate, which is part of a trust, be transferred out of the trust to the surviving member/co-owner (my mom)?

Mom and dad had a trust

Included in the trust is a farm/land/equipment etc.

Dad has died and mom wants the farm out of the trust, transferred to her name, and then moved from her name to the family LLC which is already setup for the farm

We have already moved two other undeveloped pcs of property to the LLC using simple quick claim deeds. Can the farm be transferred using this method as well?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Tax Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It would depend on the wording of the trust document. And just because you conveyed property from the trust to the LLC by a quitclaim deed doesn't mean that the LLC has good title.

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