[WSBAPT] Can trust deed lender reach non-probate assets?

Teunis J. Wyers teunisj at wyerslawpc.com
Tue Nov 10 15:07:04 PST 2015


I have a probate which is ready to close, but for a trust deed foreclosure
on the decedent's residence. The property is substantially "upside down";
it has a bad well, so is not marketable. The PR wants to abandon the
property and let the bank take it.  It is vacant. The PR is the decedent's
only sibling, is the sole beneficiary under the will, and received a
substantial non-probate bank account held as JTWROS with the decedent.
My spin on this is that since the lender cannot obtain a deficiency
judgment under the trust deed statutes, the non-probate asset (bank
account) is not exposed. Am I on the right track here?

-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
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