Warranty Deed from Two Individuals to Trust (Two Co-Trustees) - Florida 2025

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A trusteeship is best handled by one person being in charge. A co-trustee would be a drag on the first. Instead of a smooth operation in the hands of one person, a second decision maker (a person probably not as competent as the first person) would always have a say, and could block or delay good decisions.
Generally, co-trustees must agree when making decisions, either unanimously or by majority. The statutory default is by majority when there are at least three trustees and unanimous if only two trustees. However, the terms of the trust control. Sometimes we draft trusts to allow one co-trustee to act independently.
Florida law requires two co-trustees to act together. However, the trust instrument could state something different, such as that either one of the co-trustees can act as a trustee, meaning they are the officially recognized trustee.
If co-trustees who are subject to the default rule cant reach a consensus, any of them can file a petition for instructions under California Probate Code section 17200, asking a judge of the Superior Court to provide directions to the co-trustees.
It is practical and advisable to appoint at least two trustees to ensure there is continuity and to ensure that one person does not solely make decisions in the trust. Set this minimum in the trust deed, to avoid abuse of trust assets.
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(TR) Trustee Deed, property being conveyed out of a trust. (WD) Warranty Deed in which the grantor warrants the title against defects arising before and during the time the grantor owned the land.

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