Legal Question in Wills and Trusts in California

My husband is on the title and loan, we are trying to put the house since he is very ill and might pass away in a land trust will that affect probate and loan modification?


Asked on 1/02/14, 12:22 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

You can transfer the title of the land/residence into a trust if the trust is in existence; the transfer will not affect the loan, as the residence remains the security for the loan; as long as payments remain current, the lender will not have a reason to take any kind of adverse action.

Read more
Answered on 1/02/14, 12:39 pm
William Christian Rodi Pollock

While Victor is correct, I would strongly suggest that you consult with an estate planning attorney to do this correctly. I assume you are referring to establishing a revocable living turst ( a "land trust" is actually something else). There are statutory provisions that help you to avoid reassessment and to avoid triggering acceleraton clauses. The costs of doing this improperly certainly out weigh the cost of doing it right.

Read more
Answered on 1/02/14, 1:39 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California