If my home is in a living Trust, can I pass the deed to my son, the trustee without him qualifying for a loan on the mortgage?

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If my home is in a living Trust, can I pass the deed to my son, the trustee without him qualifying for a loan on the mortgage?

He is the trustee.

Asked on November 15, 2017 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your home is in a Living Trust, the Deed should be in the name of the Trust, not in your son's name.  He is the Trustee who oversees the Trust and he can administer the terms you have set for him under the Trust document.  If you understand things differently please take the Trust document to an attorney to review.  Good luck.


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