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  1. #1
    Join Date
    Aug 2009

    Default Debts Owed to Decedent: Living Trust Treatment

    My question involves estate proceedings in the state of: California

    Looking for precedents or general advice.

    At the time of death, one of the beneficiaries of a living trust had a documented sizable loan owed to the decedent who had established the trust. There is no language in the trust documentation that addresses this situation (e.g., "all outstanding debts to beneficiaries will be considered satisfied", etc.). It was the intention of the decedent that the assets in the trust be fairly divided between two siblings. In terms of the law, how should this debt be treated by the successor trustee, who is executor of the estate? In general, how are debts owed to decedents considered in California civil law?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Debts Owed to Decedent: Living Trust Treatment

    Normally the claim in relation to the debt would be made against the estate. Whether assets in the trust can be reached to satisfy the obligations of the estate isn't something we can tell you without a lot more information.

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