How do I add myself and my sister as joint tenants in a trust?

Full question:

I am creating a revocable living trust & will fund it with real property. It will be for my parents who are 90 and it's their condo that is recorded in a Florida courthouse as joint tenants & their title is free & clear. Question...do I prepare a quitclaim deed that adds myself & my sister as joint tenants as well & have it witnessed & notarized for recording & doc stamped at my local courthouse where the org deed in held?

• Category: Trusts
• Date: 04/07/2025
• State: Florida

Answer:

To create a revocable living trust, the Grantor must prepare a declaration of trust, which outlines the trust's terms and conditions. The Grantor names themselves as trustee and transfers assets into the trust. If the property is owned jointly by spouses, both must sign the deed to relinquish their interest.

After establishing the living trust, the Grantor should transfer personal assets into it, a process known as funding the trust. To transfer real estate, a deed must name the living trust as the grantee. A warranty deed or quitclaim deed is typically used for this purpose.

The deed can include language such as: 'Bill Smith and Mary Smith do hereby convey to John Doe and Tom Jones, as Trustee of the Mary Smith Revocable Trust, the following described property as joint tenants with full rights of survivorship and not as tenants in common: [Description of Property].'

Notarization is usually required, and a notary can often be found at a bank or through an attorney. The grantors and witnesses should sign the deed in the presence of the notary, who may charge a small fee. The deed is then filed at the local recorder's office, accompanied by a recording fee that varies by location.

There are two main types of deeds: a warranty deed, which guarantees ownership, and a quitclaim deed, which transfers only the interest the grantor has without warranties. A quitclaim deed is often used among family members or to clarify title.

Joint tenancy means two or more individuals own property together, and the surviving joint tenant inherits the property upon the death of another joint tenant. State law governs joint tenancy creation and its implications. Joint tenancy property avoids probate, but it can be severed, making it part of one person's estate.

In Florida, all joint tenants must sign deeds to transfer or sell real estate. A joint tenant can convey their interest to a third party, which may terminate the joint tenancy and create a tenancy in common. Tenants in common have undivided interests without rights of survivorship, requiring court supervision to transfer interests upon death.