Legal Question in Real Estate Law in California
In California for a new Deed of Trust, can the Trustee be the same entity as the Beneficiary?
Asked on 10/04/11, 9:02 am
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
A beneficiary may also be the trustee (More v. Calkins (1892) 95 Cal. 435), or may have one of its employees act as trustee (Witter v. Bank of Milpitas (1928) 204 Cal. 570). This is generally considered inadvisable because the roles are different and may conflict.
Answered on 10/04/11, 9:55 am