Legal Question in Wills and Trusts in California

If someone signs over property to a family member before death, is that person responsible for their debt after death.


Asked on 10/12/11, 11:53 pm

2 Answers from Attorneys

Your question is too vague and general to answer. A correct answer would depend on many details of the property, the debt and the transfer.

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Answered on 10/13/11, 12:46 am
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

I do not understand why an attorney answers that he can't answer. Why not just not answer? Maybe, I can give you some help.

If the property that was transferred was encumbered, then the new owner (the transferee) would take the property subject to the encumbrance. For example, if the property was a home with a mortgage on it, the transferee would take the home with the mortgage on it. While the transferee would not be responsible for paying the debt, the lender could exercise its rights against the home, if the debt was not paid. The same is true for an automobile with a lender's lien.

If you are talking about real property (land, a home, etc.), you should be careful about taking the property, even if you intend on paying the debt. Most mortgages are not freely transferable. Often, the lender needs to approve the transfer or the loan can become all due.

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Answered on 10/14/11, 5:05 pm


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