Quit Claim Deed Limitation

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My mother passed away and a legal trust was setup. I inherited a portion of my mother's house. She owned a portion as she bought the house with her sister, Crystal.

I donated the house to my aunt Crystal using a Quit Claim Deed.

Now the County mapping department is saying the title isn't clear and fully owned by Crystal. Here is there message

```My mother passed away and a legal trust was setup. I inherited a portion of my mother's house. She owned a portion as she bought the  house with her sister, Crystal.

I donated the house to my aunt Crystal using a Quit Claim Deed.

Now the County mapping department is saying the title isn't clear and fully owned by Crystal. Here is there message

You’ll want to speak to an attorney or title company about a conveyance. Upon the death of Susan King, she was removed as Trustee of the King Family Trust DTD 10/23/19. The trust actually owns the 50% interest in the parcel (not the trustee). We would need a deed conveying from the current trustee of the King Family Trust OR if Austin is the current trustee, he can convey the 50% owned by the trust to you so that you get 100%. Someone could also convey the 50% owned by the trust to Austin and then Austin can convey to you. We can make the current recorded deed work for tax roll BUT there could be a chain of title conflict since Austin is conveying by Quit Claim deed and he doesn’t currently own a % in the parcel. Essentially the 50% owned currently by the trust must come from the trust to you by recorded deed. I know this is a lot so if you have any questions, feel free to call or email but I encourage you to speak to an attorney or title company.

Based on Florida state law, why isn't a quit claim deed sufficient and what should I have done?It seems that you accidentally cut off the message from the County mapping department that you were going to share. However, based on the information you've provided, I can offer some general advice:

1. **Review the Trust Agreement**: Begin by examining the original trustI'm not a lawyer, but there are a few reasons based on general knowledge of U.S. property law and the specific details provided in the county's message as to why a quit claim deed might not be sufficient in your situation:

1. **Nature of a Quit Claim Deed**: A quit claim deed essentially transfers whatever interest the grantor (the person giving the property) has in the property, if any, to the grantee (the person receiving the property). It does not guarantee that the grantor has any interest or that the title is free from any liens, claims, or encumbrances. In other words, you could be transferring nothing if you, in fact, have no ownership interest in the property.

2. **Trust Ownership**: Based on the county's message, it appears that your mother's 50% interest in the property was actually owned by the King Family Trust, not by her personally. Trust property is managed by the trustee, but owned by the trust itself. Therefore, when Susan King passed away, she may have been removed as the trustee, but the trust still owned the 50% interest in the property. To legally transfer that interest, the current trustee of the trust must execute the necessary documents.

3. **Chain of Title**: The chain of title refers to the sequence of historical transfers of title to a property. The county mapping department seems concerned that there could be a break or ambiguity in the chain of title because you are attempting to convey an interest via a quit claim deed, but you might not have a clear ownership interest in the property.

Based on Florida state law and the provided message, here are potential steps you might need to take:

1. **Determine the Current Trustee**: First, determine who the current trustee of the King Family Trust is. If it's you, things might be simpler, but if it's someone else, they will need to be involved in this process.

2. **Deed from Trust to You**: If you are the trustee, then you, acting as the trustee, can execute a deed (likely a warranty or special warranty deed, but consult an attorney) transferring the 50% interest from the trust to yourself personally. If someone else is the trustee, they can either transfer the property interest directly to Crystal or transfer it to you, after which you can then transfer your now 100% interest to Crystal.

3. **Consult an Attorney**: The message from the county department explicitly suggests speaking to an attorney or title company. It's crucial to get proper legal advice on how best to navigate this situation to ensure the title is clear and to prevent potential legal issues down the road.

It's important to consult with a Florida-based real estate attorney to provide guidance on your specific situation.You said "To legally transfer that interest, the current trustee of the trust must execute the necessary documents."

I am the trustee. What are the necissary documents?As the trustee, you have the legal authority to manage and control the assets of the trust, including the power to buy, sell, and transfer real property, unless restricted by the terms of the trust document. If the trust permits the sale or transfer of its assets, then the following steps and documents are typically necessary to transfer real property interest from the trust:

1. **Review the Trust Document**: Before you do anything, you should review the terms of the trust document to ensure you have the authority to transfer the property and check if there are any specific instructions or requirements. 

2. **Trustee's Deed**: This is the main instrument you would use to transfer real property from the trust. A Trustee's Deed is similar to a standard property deed, but it's executed by a trustee on behalf of a trust. It will specify details of the trust, the property being transferred, and the receiving party.

3. **Affidavit of Trust**: While not always required, it's often useful to prepare an Affidavit of Trust. This document provides evidence of your authority to act on behalf of the trust without revealing all the details of the trust. It states essential terms of the trust, your authority as the trustee, and other necessary facts. Some parties (like title companies) might require this document during the transfer process.

4. **Transfer Tax Declarations or Other County/City Forms**: Depending on the local regulations, there may be additional documents or forms required by the county or city where the property is located, especially if the transfer might be subject to transfer taxes.

5. **Other Relevant Documents**: Depending on the specifics of the trust, the nature of the property, and any other encumbrances or liens, there might be additional documents or steps needed.

6. **Recording**: Once the Trustee's Deed (and any other required documents) is executed, it should be recorded with the appropriate county recorder's office to officially and publicly note the change in ownership.

7. **Notify Relevant Parties**: It's often a good practice, and sometimes legally required, to notify beneficiaries or other relevant parties of significant actions taken by the trust.

Again, while the above steps provide a general overview, it's crucial to consult with a Florida-based real estate attorney to ensure you're following the correct process and that all necessary documents are appropriately drafted and executed. They can provide guidance tailored to your specific situation and the details of the King Family Trust.

Quit Claim Deed Limitation created at Tue Jan 20 1970 14:21:05 GMT+0000 (Coordinated Universal Time)