I am preparing a quit claim deed that transfers a partial interest in a property in FLORIDA to a revc. trust created. The deed I got from the website makes referrence to Fla. Statutes 689.071. Other deeds in public records add language to the deed such as: No party dealing with the Trustee shall be privileged to inquire into the terms of the Trust. If a conveyance has been made by a successor or successors in trust, that such successor or successors have been appointed properly and are vested fully with all the title, powers, duties and obligations of its, his or their predecessor in trust. Each trustee and successor trustee of the Trust, acting alone, is vested with all the powers set forth or referred to herein and the action of only a single Trustee shall be necessary in connection with the exercise of any such power. Is adding this type of language recommended? The trust has a single successor trustee and an alternate, not co-trustees. Are there any contradictions because of this
Search of Public Records
If there are no co-trustees the language is only used as precautionary and really does not apply because with a single trustee it goes without saying that the trustee can act alone because there is no other trustee to act in concert with. When drafting legal documents, attorneys tend to include language that does not apply out of caution. Additionally, since the trust is revocable, if a co-trustee is ever added this language then becomes effective.
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Based on your answer, you are telling me that the deed can contain additional language that may not apply to the trust, or language that is not part of the trust. From my understanding, the added language of the deed might facilitate the transfer of the property since it specifies the powers of the trustee and might not require for the trust to be examined. Is this correct?. Also, please keep in mind that I am looking to add this language to a deed, where the Grantee consists in a married couple (50% undivided interest) and a revocable living trust (the remaining 50% undivided interest), partial trust ownership. Does this change anything?
Thank you and I apologize for taking so long in replying, but I had an emergency.
As I said, lawyers always put in language that may not apply, as long as it does not negate what they are trying to do. These deeds you are looking at and using are drafted by lawyers. Also, later down the line, a co-trustee may be added, you never know, so putting this in there does not hurt you as long as there is no co-trustee, since it has no application, but in the event a co trustee is added, it protects you.
Experienced in Trust and Succession Law, including Louisiana Laws
Thank you for your answer. You have been very helpful.
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