Legal Question in Wills and Trusts in California

dad recently died. left $37k in credit card debt, and no assets except the house which he put in a family trust for his 3 children (all adults). we have no other money. do we have to sell the house (at bottom of market now) to pay for the credit card debt? if we don't pay, will it hurt our credit?


Asked on 10/25/10, 10:41 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The trustee under the trust needs to pay debts of the decedent, before transferring property. A distribution or transfer of property in trust to beneficiaries, without paying a debt, could cause the creditor to have the right to go after the beneficiaries.

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Answered on 10/30/10, 4:29 pm


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