While technically possible, creating a trust without an attorney is strongly discouraged. Errors in trust documents can lead to costly legal disputes and unintended consequences. An experienced Florida estate planning attorney ensures your trust complies with state laws.
While it's possible to complete this process without a lawyer, consulting with one ensures that the deed update complies with local laws and is properly recorded, avoiding future complications.
All deeds executed in Florida must be signed in the presence of a notary public and two witnesses. Because there are several different types of deeds used to convey real estate, it is important to work with a Daytona real estate attorney.
While it is true that with the information available on the Internet, you might be able to draw up your own living trust, there are numerous valid reasons why you should have an experienced Ayo and Iken Florida estate attorney prepare your living trust.
SERVICESFEES TRUST AMENDMENT $200 WILL $200 LIVING WILL $75 POWER OF ATTORNEY WITH HEALTH CARE SURROGATE $20016 more rows
To set up a living trust, you'll choose the type of trust you'll need, take a thorough inventory of your property, and choose a trustee. Then you'll need to draw up the trust document and sign it in front of a notary public. After that, you'll fund the trust by transferring property into the trust.
In Florida, anytime a trust amendment is created, it must be notarized in order to become enforceable. Not only does the trust amendment become official, it also becomes legally binding once it is notarized.
An attorney licensed to practice law in Florida must prepare deeds, powers of attorney, and other instruments that are to be recorded. General closing documents that will not be recorded can be prepared by a non-attorney provided they are not contractual in nature.
For a revocable living trust to be valid in Florida, it generally needs to be executed with the same formalities as a will in Florida. This means the settlor must sign the trust document, and the signing must be witnessed by two witnesses, all being in the presence of each other. The execution must also be notarized.