HRS §558-6
Buying from a trustee protects you from trust claims
If you deal with a trustee named in a recorded trust document, you get the property free of claims from trust beneficiaries and any unrecorded side agreements. The only exception is that beneficiaries can still enforce those side agreements against the trustee, not against you.
buyersmortgage lendersreal estate agents
The statute, as written — Conveyance by trustee
Any person dealing with the trustee under the recorded instrument shall take any interest transferred by the trustee free and clear of the claims of all the beneficiaries of the trust, and of any unrecorded separate declarations or agreements collateral to the recorded instrument whether referred to in the recorded instrument or not, and of anyone claiming by, through or under such beneficiaries including, and without limiting the foregoing to, any claim arising out of any dower or curtesy interest of the spouse of any beneficiary thereof; provided that nothing herein contained shall prevent the beneficiary of any unrecorded collateral declarations or agreements from enforcing the terms of the unrecorded collateral declarations or agreements against the trustee.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.