Auburndale, FL asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida

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.

1 Lawyer Answer
T. Augustus Claus
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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

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