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lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25387
Experience:  Attorney with experience in wills, estates and trusts
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I am the sole beneficiary sucessor trustee of my mothers revocable

Resolved Question:

I am the sole beneficiary sucessor trustee of my mother's revocable trust. She died in October. Everything she owned was put in the trust. I want to move into her house and claim homestead exemption in the state of Florida by March 1st. What is the quickest way and how do I put my name on the deed?
Submitted: 8 years ago.
Category: Estate Law
Expert:  lwpat replied 8 years ago.

When she died the trust became irrevocable. Since you are the sole beneficiary and the trustee you can execute a deed from the trust to yourself. The attorney that drew up the trust can handle this for you. The cost should be fairly nominal since he already has the file.


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Customer: replied 8 years ago.
Well, not really. I really wanted to know how "I" can do this. My mother's attorney who drew up the trust is deceased as well in a different county. I have done quick claim deeds before myself and am fairly smart at getting things done. I have punched a time clock about 1 week in my life and have been the owner of several businesses in my lifetme. So I would really like to know how I can proceed to do this myself. Thank you so much if you could help.
Expert:  lwpat replied 8 years ago.
Get a copy of the deed where it was transferred to the trust and copy it. You are correct in that you should be able to handle it. by the way it is "quit" claim deed, not quick claim. A common mistake.
Customer: replied 8 years ago.
Well, when my mother bought the property and built a house on it, she had the title put in the her name as TR and the property was bought with funds from the trust. It was never transferred from being anoher way, just immediately titled to her as her last name TR and then her first name.
Expert:  lwpat replied 8 years ago.

In that case, I suggest that you take the deed and the trust document to an attorney.

There have been several recent cases and you do need to have an attorney in order to avoid a title problem.

Raborn v. Menotte, 974 So. 2d 328 (Fla. 2008)

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