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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 110503
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My stepfather passed away in February 2013. I will inherit

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My stepfather passed away in February 2013. I will inherit approximately $50,000 in cash. However, I have multiple judgments against me for over $1 million, as well as IRS taxes owed in excess of $200,000. I am considering making a revocable or irrevocable trust, but I don't know if the trust would protect me from the IRS and other creditors.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

A revocable trust does not protect your assets from creditors as it is considered under the direct control of the grantor for the benefit of the grantor. On the other hand, an irrevocable trust can protect the assets in that trust from all creditors because the grantor of the trust does not manage the trust as trustee for their own benefit and as such it is treated as a completely separate entity from the grantor of the trust.

The other issue, I am afraid, is that you have to get the money into the irrevocable trust unless the estate/will stated that the money would be held in an irrevocable trust for you. The reason is that right now you are beneficiary of the inheritance and your creditors could seize the inheritance before you get it into the irrevocable trust or could place a lien against the inheritance meaning they could actually collect from it before it makes it to the protection of the trust.

Thus, you need to form your irrevocable trust now, before you get the inheritance and negotiate with the trustee to deposit your inheritance into your irrevocable trust instead of to you and then into your irrevocable trust if they are willing and can do so depending on the terms of your step father's estate. This also means you have to sit with a local attorney to get the trust set up and ready to receive the inheritance to protect the money if at all possible and they will need to examine your entire estate to make sure that they can properly draft this trust to get you the ultimate protection.

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