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June 26, 2008
A deed designating the trust as the grantee is sufficient to pass legal title to the trustee
Prior state law provided that a deed that simply added the words “trustee” or “as trustee” to the name of the grantee conveyed to the grantee a fee simple estate unless the contrary intention appeared on the face of the conveyance, or the beneficiaries or nature and purpose of the trust were set forth in the deed, or the declaration of trust was on file in the land records.
In Raborn v. Menotte, 974 So. 2d 328 (Fla. 2008), the court held that a deed which identifies the grantor as the creator of and the grantee as trustee of a named trust shows sufficient “contrary intention” and grants legal title as trustee to the grantee.
June 26, 2008 in New Cases, Trusts | Permalink
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In Florida, if the deed names the trust as a grantee, rather than an individual as a trustee of a specific trust, there is a title problem under Florida law. Fund Title Note 31.06.08 addresses the situation and the steps to cure the problem. The Raborn case was about land titled in the name of Mr. Raborn, as trustee of a specific trust. His creditors argued that he held title in fee simple, subjecting the property to his creditor's claims. The court held that the because the deed identified him as trustee of a specific trust, rather than simply identifying him as trustee, he did not hold fee simple title, but held title as trustee. The key is that the Court applied section 689.071, rather than section 689.07.
Posted by: Jeffrey S. Goethe | Jun 27, 2008 9:55:43 AM
