Legal Question in Wills and Trusts in California

is the trust responsible for repairs to property's damaged prior to death of trustier


Asked on 7/19/11, 6:44 pm

2 Answers from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Not exactly. The successor trustee is responsible to manage the trust for the benefit of the beneficiaries. If the trust is solvent and can afford repairs that may increase the value of the trust assets for the beneficiaries, it generally makes sense to do so.

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Answered on 7/19/11, 6:58 pm

The trust and the property are one and the same. The successor trustee must manage the assets of the trust to maximize their value. If other trust assets can be used to make repairs that would increase the overall value of the trust, the successor trustee should do so. If it would be a waste of trust assets because the damage does not diminish the value of the property by as much as it would cost to repair, then the trustee should not do it.

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Answered on 7/19/11, 9:13 pm


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