Q: Father is trustee on mother's trust. After mother's death, father took out multiple mortgages on martial residence which
was to go to daughter upon mother's death. When father dies, who pays for mortgages, father's estate or daughter?
A:
You need a lawyer to review the notes and the deeds of trust or mortgages as well as the language in the trust and the applicable state law. If he had the power to use the corpus for his own needs, the daughter may be out of luck. If the notes are his and he had resources and he violated his fiduciary duties to the trust, it probably comes out his estate. In any event, they are his notes, not the daughter's, and a claim should probably be filed in his estate.
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