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Updated over 9 years ago,

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Dean Keaton
  • Bakersfield, CA
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Questions about legal issues and inheriting property under a trust [California]

Dean Keaton
  • Bakersfield, CA
Posted

My father recently suffered an unexpected and drastic decline in health. We hired an attorney and created a will, trust, and general durable power of attorney with myself listed as the attorney-in-fact. Additionally, I am listed as the successor Trustee to my father as well as the executor of his estate. With regards to property, he owns two modest 6-unit multifamily complexes as well as his house; none are paid off yet and all mortgages are in his name. His rental properties are financially self-sufficient and generates a positive cash flow every month after all expenses.

I have a few general questions regarding trusts and debt, areas in which I'm still learning:

  • What will happen to the rental properties after he passes away? I know I'm not personally responsible for his debts as his assets in the estate will go towards paying them off, but seeing as how they generate income I'd like to retain them and not sell them if possible. Do I have any options in that regard, e.g., assuming them in my name?
  • The house he used to live in is a total financial liability (currently he's being looked after at another relative's house). As he is no longer in any condition to handle the finances, I've taken it upon myself to and am trying to figure everything out. The balance on the house shows 25 years left before the loan matures instead of 5 years, despite him having lived in that same house for just as long. I would have figured it was much closer to being paid off by now and am still trying to figure out what happened. The house itself is in terrible shape and I have zero interest in it either as a place of residence or otherwise. Would there be a way to shed the house from the estate while protecting the rest of the properties, or will we just have to bite the bullet? As it stands, there is enough income to keep paying the monthly mortgage on the house, but we would save money if we didn't have to.

I had a few more but those are the ones I remember. Apologies in advance, the attorney may have explained part of it to me but it was much to absorb at the time.  I do plan on contacting her again though once things have settled a bit and I find out more.