Cape Coral, FL asked in Real Estate Law and Probate for Florida

Q: Is there a website in FL with info on how to take a property out of a Trust and transfer the deed to Trustee? Thank you.

My brother passed away, left me his Trust. I am the Executor, Trustee, Beneficiary. The property in his Trust is a single family home in Florida, paid in full, no mortgage. Do I use a Quit Claim or a Grant Deed in FL? Thank you.

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Anthony M. Avery
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Answered

A: There is no trust if you are the trustee and beneficiary. Hire an attorney to draft that deed and/or probate.

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A: I am very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this sad and difficult time. Based on what was done and what needs to be done you should speak with a Florida Probate Attorney, it will also depend on who survived your brother potentially (spouse/child under 18), whether the property was transferred into Trust originally/previously, if it is Homestead and so forth, all important issues, also, if there are any assets outside of Trust, a probate issue may arise, but assuming all is in Trust and no other issues apply, you can get a real estate attorney and or a probate attorney to help you with a Trustee Deed, this will let you transfer to yourself, other party or upon a sale, this easily enough accomplished. Remember, any assets in your brother's name alone, may need some version of probate if that issue arises, so be aware of this potentially.

1 user found this answer helpful

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