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ATTORNEY SHOULD NOT PREPARE OUT OF STATE DEED

by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com

A reader asks: I recently had a “Living” Trust prepared. Although my attorney was quite happy to prepare the deed transferring my home into my Trust, he refuses to prepare the deed necessary to transfer the house I own in Maryland into my Trust, despite the fact that I showed him my Maryland deed. My attorney insists that I must have a Maryland attorney prepare the deed. What is going on here? I am upset and confused.

Response: In responding to your question, I must assume that your Florida attorney is not also licensed to practice law HELP WANTED in Maryland. Assuming that this is, in fact, the case, your attorney is doing his best to protect your legal interests by not preparing a deed for a state (in this case Maryland, but it could be anywhere where the attorney is not licensed) whose laws he is not familiar with and, additionally, whose State Bar has no disciplinary authority over him. Since your attorney does not practice law in Maryland, it is almost certain that he is not familiar with the latest Maryland laws concerning preparation of deeds, especially as they may pertain to the often complex laws involved with “Living” Trusts. Also, if your attorney did take the chance and prepared the Maryland deed and the deed was later determined to have been prepared incorrectly, you could not thereafter file a complaint with the Maryland State Bar as your attorney is not a member.

If you know an attorney in Maryland, I would recommend that you contact the attorney and arrange to have a deed prepared for your signature. All this can be handled very simply through the mail. If you don’t know a Maryland attorney, I am sure your Florida attorney has many resources at his disposal to easily locate a good attorney in Maryland to prepare the deed for you.

41 Years

Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.

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