Q: My grandfather had a deed done in his trust's name. Is it too late too record it now that he has passed?
My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.
A: It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the deed on behalf of the trust to transfer the property as per the trust's instructions. The key factor is ensuring the deed was correctly executed according to Florida law prior to your grandfather's death. Once recorded, the property can be managed or transferred according to the terms of the trust.
Lauren Nagel Richardson agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.