Legal Corner

Living Trust Question.
Ignorant About This 10134 reads
posted

After property that was not owned free and clear by my father has been received from a living trust what can the mortgage company do? Can they force you to sell the property and make a payment in full? Are they obliged to continue with the terms of the loan that they held with my father? If my credit is less than stellar what can I expect? I`m assuming that I`d have to apply for a new loan.

Would it be a better option to be added to the deed as a 50% owner so that after the original owner passed away the property would automatically revert to the added on owner? Is that even what would happen.

What is the best plan for the future inevitability of death?

Why ask here?  This is a board dealing with escorts, not real estate ventures.

You need to contact a lawyer, preferably one that deals in probate/inheritance/real estate law.  Perhaps you may even need to speak with an investments advisor.  Regardless, your post is out of place here.

Ignorant About This8138 reads

Maybe you would have felt more at home answering a question about suing a body shop for damaging a car.........again.

Hope I didn`t inconvenience you to much with my stupid off-topic question. If you need help getting to sleep tonight after such trauma I suggest you go back and read all of your previous posts. I suspect you`ll doze off before you get out of June.

and conversations are not always about this community directly.

This question was not at all out of place here... though it is an odd place to seek ANY legal advice, IMO.  Your advice to contact a lawyer and/or investments advisor is on the mark.

A thread at the bottom of this page deals with a question about damage to a car while in the body shop. You seemed to have advice for that poster and it had nothing to do with this hobby. Why are you being so harsh on this poster.

Your question is not entirely clear.  I am assuming your father has not yet passed away.  If this is the case, and title to the (I am assuming real) property is held by the trustee of a revocable trust, the trustee must distribute that property pursuant to the terms of the trust after a triggering event, such as the death of your father.  The person or persons who receive the property is/are the beneficiary(ies).  Under current law, assuming the triggering event is death of the settlor/trustor (the person who created and funded the trust), the beneficiary(ies) receive a full step-up in basis for capital gains purposes, therefore, there is an advantage to receiving the property on death.  If your father adds you to the deed during life, he is making a present gift that should be reported to the IRS on form 709, and, depending on the value of the property, he may owe gift tax, although the value of the property would have to be substantial.  The more likely scenario is that he would be using some of his lifetime exclusion amount, meaning he could pass less on death without having to pay estate taxes.  Nonetheless, this may be a good strategy if the value of the property is increasing greatly, and is expected to continue to increase because your father would be getting one-half of the future appreciation out of his estate.  Your father needs to discuss this with an estate planning attorney.  As for whether the mortgage company has to offer an assumed mortgage to the beneficiary, the note probably contains a "due on sale" clause, meaning the note must be paid off in full if the property is transferred.  However, due on sale clauses are not enforceable if the transfer is because of divorce or death.  In short, you should be able to assume the current mortgage.  If you have bad credit, the mortgage lender may not forgive even the slightest default, so you must make payments exactly as proscribed under the terms of the note after you inherit the property.  By the way, if your father adds you to title now and you have lousy credit, that could trigger a "due on sale" clause and your father may be forced to refinance to pay off the original note.  An attorney should review the terms of the note for your father.

Ignorant About This7391 reads

Thank you very much Lawtalkinguy. I appreciate the help. I`m sorry if I didn`t make myself as clear as possible in my original post.

If you`re able, could you please write me at [email protected] so I can pick your brain in more detail about this subject. I think you got the basic point of my question but there is some room for more understanding.

If private e-mail isn`t acceptable to you then thank you for what information you`ve already provided.

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