How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37017
Experience:  Texas Attorney for 30 years dealing in real estate
8534270
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

Can the assets of a combination special needs and

Customer Question

can the assets of a combination special needs and generation-skipping trust be attached in a lawsuit involving one of the beneficiaries thereof and, if so, can a civil court judgement force sale of real estate the title of which is held by the trust?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you again.

This would be highly unlikely.If the trust was set up legitimate reasons and not to defraud creditors then the court would not allow this.I cannot say it is impossible, the court would have to make that ruling but I have never seen this done.Normally there are legitimate reasons to set up such trusts so the beneficiary can receive government benefits and not for the purpose of frauding a creditor.

The judgment here cannot force a sale, the creditor would have to show intentional fraud here to dodge a judgment, that can be hard to do especially if beneficiary has legitimate need to shelter funds.Here the security from such a trust is just a secondary but real protection.

I appreciate the chance to help you today.Thanks again.

Related Real Estate Law Questions