Legal Question in Wills and Trusts in California
spouse of trustee - liable if negligence?
Is the spouse of a trustee of a will liable for negligence if a property under supervision by the trustee is not properly maintained? Spouse is in community property state and is not mentioned in the will for which other spouse is the trustee. Property sits vacant and not well-maintained. Fire, squatters or other incidents could occur. Please advise on personal liability that a spouse of a trustee may incur in a community property state.
1 Answer from Attorneys
Re: spouse of trustee - liable if negligence?
If what you mean is: Can the couple's community property be reached if the trustee is held personally liable for damages due to his negligence as a trustee?
I believe the answer is yes. It's not that the spouse is liable, but the community property of the trustee and his/her spouse might be at risk.
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