I am examining an abstract where a decedent establishes a testamentary family trust with income/principal to wife in 2002. Upon wife’s death the land is to be distributed to his children. The farmland is transferred to the family trust by Court Officer Deed in 2002. Wife dies March of 2010. Trustees use an Inter Vivos TWD to transfer the land to the children in December of 2010.

Iowa Land Title Standard 9.6  indicates that Iowa Code section 633.93 may be relied upon to bar recovery of real estate claiming under the deceased…when the deed from the fiduciary has been recorded for more than five years. Five years have now passed since the land was transferred by the Trustees of the testamentary trust by a TWD for an Inter Vivos trust to one of the children who is now selling her land. Does anyone have a concern about the type of deed used to transfer the land in 2010? What if five years hadn’t passed? All input is appreciated.

Mike Thole