Sunday, March 15, 2015

I reside in Fort Myers, Fla. and am considering "revoking" my Living Trust. A "quit-claim deed" to my property (titled in my name only and o...

Question

I reside in Fort Myers, Fla. and am considering "revoking" my Living Trust. A "quit-claim deed" to my property (titled in my name only and only the word "parties" stated in the quit-claim deed) ) is currently named in the Trust document. Will I be legally required to have a new Warranty Deed drawn up and recorded "again" in Lee County, and pay again document stamp fees ($700 plus) naming myself as Grantor and family members as Grantees, if I proceed with the Trust revocation? Or, is the quit-claim deed, as currently recorded in Lee County, valid whether or not I revoke my Living Trust?



Answer

Impossible to answer your questions without seeing the documents. Seek legal help to make sure you get this done correctly.



Answer

Naming the property in the trust agreement is not the same as a transfer to the trust.

So-it is possible that the property is not in the trust.

Best bet-have an attorney review everything and advise.



Answer

If you revoke the trust, you will need a new deed for the new owner.



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