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If a property is in a Trust and the Trustee chooses not to

 
Est. Planning Beacon's Avatar
  • Answered by:Est. Planning Beacon
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Customer Question

If a property is in a Trust and the Trustee chooses not to pay the mortgage is the credit of the Trustee affected negatively, The note on the property is in the name of the Trustor who has been deceased for three years.Property is in CA as is the Trustee of the Trust.

 

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Country relating to Question: United States
State (if USA): California

Submitted: 316 days and 2 hours ago.
Category: Estate Law
Value: $18
Status: CLOSED

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Expert:  Est. Planning Beacon replied316 days and 2 hours ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. It does not. The trust is a separate legal entity, the trustee simply acts on behalf of the trust, and the trustee has no personal liability for the debts of the trust. Thus, if the trust defaults on the mortgage, it has no impact on the trustee in any way. It's no different than if GM defaults on a loan....it in no way impacts an officer of GM.



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Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.5 %
Accepts: 3795
Answered: 7/10/2012

Experience: 29 Years Practicing Law - Including Tax and Estate Planning

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