Can a Trustee Pay the Mortgage on Trust Property?

Does a beneficiary who received a devise of real property under a trust, have any right to have the mortgage attached to the real property paid from the trust assets–whether or not the trust instrument directs the trustee to pay the mortgage?

In some cases it is necessary for the trustee to make the mortage payments to prevent foreclosure on a property, but the answer will dpeend on all the facts and documents involved in the situation. Our service does not provide case law research, as it offers general legal information.

The powers of the trustee are generally specified in the trust and also contained in Mississippi state laws.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.