A rental agreement was entered into by a Trust and the agreement signed by one of the Trustees who was so identified and liable for the deposit's return' however, a trustee who had no part in the agreement is also being held personally liable for the return of the deposit.
Divorce / Separation Lawyer
While I cannot address your specific trust because I do not have it in front of me so I can interpret the language contained therein, in most circumstances the trustee especially who did not execute documents would not have personal liability for trust debts.
This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
Estate Planning Attorney
It sounds as if you are discussing active co-trustees. If so they both can be charged or sued. This highlights a danger of being a casual trustee.
No attorney-client relationship shall be created by any responses to inquiries on this website. All of my responses shall be deemed to be advice on the general nature of the law. I cannot respond to specific cases without a complete interview with a prospective client.
Estate Planning Attorney
Without reading and reviewing the particular trust and rental agreement at issue, it is hard to tell you if there is personal liability. However, the general rule would provide for no personal liability so long as the trustee executed the documents as the trustee of XYZ trust (not personally).
** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: email@example.com