Orange Lake, FL Estate Planning Law Firms & Lawyers

Generally, speaking, there should be no need to re-title the real estate. Holding the real estate in trust avoids the need to open a probate estate to transfer the real estate upon the husband's death. Also, holding the property in trust is generally done to utilize the husband's estate tax exemption (and minimize and possibly eliminate any federal estate taxes that may be due on death). So, assuming the terms of the husband's trust meet the needs and goals of the wife, title does not have to change to the wife's trust. As the beneficiary of the husband's trust, the wife should have the benefit and use of the real estate. Once the husband has died, the wife may want to hold title in her name (or in through her trust). However, it is unclear from your question as to what type of trust holds the real estate and why the title was not equally divided between the husband and wife. So, you should have an estate planning lawyer review the terms of the husband's trust with you to make sure it meets your needs and estate planning goals. This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local estate planning lawyer to obtain legal advice that is tailored to your circumstances and facts. I am happy to discuss this with you in greater detail.

You are correct that having your children as co-owners will limit your ability to get a reverse mortgage -- if they are not both over 62. But a quit claim deed cannot pass title.  Title can be passed by a deed of gift in the form of either a general or a special warranty deed.  (A quit claim deed is more properly used to record that one quits claiming a right to use something, such as an easement.)

In Florida, a Personal Representative of a probate estate is appointed by a circuit court judge, upon the filing of  a Petition for Administration with the probate court.  The Petition for Administration must include information about the decedent, who are the parties who are interested in the estate, and the approximate value and the nature of the assets owned by the decedent that are subject to the probate proceeding.  All of the interested persons must receive notice of the filing of the Petition for Administration, and unless those interested persons have signed a waiver they must be notified by way of certified mail of the date of the hearing scheduled by the probate court to consider the Petition for Administration. Typically, the Petition for Administration must be prepared and filed by a Florida lawyer unless the proposed personal representative is also a Florida lawyer.  If a beneficiary is the sole interested person in an estate (no other heirs nor creditors), then the beneficiary may serve as the personal representative without the need to hire a Florida lawyer to represent the personal representative. If you need to file a petition for administration so you can be appointed personal representative of an estate, you should consult with a Florida lawyer who is experienced in handling probate matters.