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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6769
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Does a Trust deed title over ride a will? Have a complicated

Customer Question

Does a Trust deed title over ride a will? Have a complicated situation where a trust deed was done by the aunt who's will we are the executor of. However the will states the house is ours to sell to the individuals in the trust deed for a set amount if we choose to sell the home. Very confusing situation.
Submitted: 3 years ago.
Category: Estate Law
Expert:  Irwin Law replied 3 years ago.
A trust deed is intended as a mortgage,which is a security interest by way of the creditor holding legal title in the property. It will have priority over a provision in the debtor's will, which means that the holder of the trust deed can acquire the equitable title by forcing a sale of the property to satisfy the debt that is secured. Without knowing the stated terms of the trust deed,the will and all the surrounding circumstances, this is as far as I can go in explaining your situation.
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