Legal Question in Wills and Trusts in Arizona

trustee sale

How do you stop a trustee sale when the executer ran up $22,000 on a home equity line of credit after the death of my mother who beneficiary deeded the home to my sister and has not paid off the mortgage or line of credit as verbally agreed to in front of witnesses when funds were dispersed to do so? The are not foreclosing on the home they are triing to force the sale due to line of credit that was ran up after her death by the executer.


Asked on 5/19/09, 5:16 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: trustee sale

It sounds to me that there are 2 cases here. First, if the property was conveyed by virtue of a beneficiary deed, the property was not part of any probate estate and the executor, who ran up debt on the credit line, is probably going to be liable for payment of that debt. The owners are liable for payment of any debt on the property they received by the beneficiary deed, as they take ownership subject to the loans on the property.

You have to work with the credit line lender and go after the executor for his/her wrongdoing. The executor had no right to run up any debt against this property which was not a part of the probate estate.

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Answered on 5/19/09, 5:28 pm


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