Legal Question in Wills and Trusts in Florida
does the Living trust have to be recorded in Florida, and if not does the Affidavit of assumption of duties by successor trustees have to be recorded?
Asked on 6/07/12, 5:55 am
1 Answer from Attorneys
Normally no on recording living trusts (though there are exceptions especially when it isn't set up correctly particularly as to realty). Successor Trustee Affidavit (Assumption of Duties) often is yes, especially when realty is involved, but not always.
On death of the Grantor/Settlor, normally a Notice of Trust has to be filed in the Probate Court too.
Answered on 6/07/12, 6:24 am
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