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Daily Archives:Thursday, November 19, 2020

Schlossberg v. Estate of Kaporovsky, — So. 3d — , 2020 WL 4496139 (Fla. 4th DCA Aug. 5, 2020)

November 19, 2020

In this recent decision, the Fourth District Court of Appeal reviewed the requisites for execution of a deed.  The Fourth District explained that where all essential legal requisites are present, legal title is conveyed, and that void deeds would be limited to forged deeds or deeds that violate constitutional homestead protections.  Here, the trustees signed a deed transferring a condominium out of the trust to the settlor, and a beneficiary then challenged the validity of the deed.  Due to the unique nature of the revocable trust involved and the settlor’s right to control the disposition of her own property, namely her condominium, the appellate court found that the trial court erred in declaring the deed void….