Legal Question in Real Estate Law in California
Real Estate Law
If a building violation exists on my
home and I move the home into a
trust, who does the city seek
grievance with?
1 Answer from Attorneys
Re: Real Estate Law
Property that's in a trust, for example a living trust set up as an estate-planning device, is legally owned by the trustee or trustees, in the capacity of trustee(s). Since it's customary for the trustor (settlor) to also be the trustee, the setting up of a trust and the transfer of your home into the trust changes very little. The city will be sending notices and complaints to you. Indeed, were they to bring suit, it would make very little difference in the proceedings and result whether the city sued you in your individual capacity, as trustee of your trust, or both, assuming the trust is revocable, as most are, since you personally would remain liable for the trust property's problems.