How Do I Transfer Property Into a Trust in Florida?

Full question:

In order for me to get a Reverse Mortgage, my wife, who is not old enough to qualify, gave me a quit claim deed. I now want to record a Warranty Deed to put the house into our Revocable Living Trust. Which form do I need so that my wife can sell the house when I die?

  • Category: Trusts
  • Date:
  • State: Florida

Answer:

After creating the living trust, the grantor should transfer personal assets into it. This is referred to as funding the trust. In order to transfer real estate into the living trust, a real property deed naming the living trust as grantee should be executed and recorded. Bank accounts, retirement accounts and life insurance policies can be also be transferred to the trust. A warranty deed or quit claim deed is commonly used to transfer real property to the trust.

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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A disadvantage of a quitclaim deed is that it provides no warranty or guarantee regarding the title. This means the buyer may receive a property with potential title issues, such as liens or claims from other parties. Unlike a warranty deed, which assures that the seller holds a clear title, a quitclaim deed only transfers whatever interest the seller has, if any. Buyers should conduct thorough title searches before accepting a quitclaim deed.