A trustee may sell real property, subject to the authority granted to them in the trust document. They must act solely in their capacity as trustee, and in the interest of the beneficiaries.

Can a Trustee do whatever they want?

The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don’t get the benefits of the Trust. The Trustee, however, will not ever receive any of the Trust assets unless the Trustee is also a beneficiary.

Can a trustee of a trust sell real property?

A trustor acting as trustee of a revocable trust is not necessarily bound by the full range of fiduciary duties as trustee, since they can modify the trust’s terms as trustor. A trustee may sell real property, subject to the authority granted to them in the trust document.

What happens to a deed of trust in California?

In California home loans are secured by deeds of trusts. A deed of trust (sometimes called a trust deed as the terms are interchangeable) is a security instrument and functions for all practical purposes just like a mortgage although in California they usually contain a power of sale reposing in the trustee (a third party) in the event of default.

Can a bankruptcy trustee Sell Your House in California?

Accordingly, before a trustee decides to sell estate property, they will generally consider the value of the property less any costs of sale, less any encumbrances (mortgages, judgment liens, etc.) less any exemptions. Usually, a debtor has claimed a homestead exemption of $300,000 to $600,000 under California law.

Is it easier to sell a home as a successor trustee?

Selling a home as a successor trustee is easier if sellers release the trust documents in advance. It seems like lately I’ve been working with sellers who are selling a home as a successor trustee under a trust.