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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34728
Experience:  12+ yrs. of experience including estate law.
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My father is setting up s WILL and as part of said Will I am

Customer Question

My father is setting up his WILL and as for my part of said Will I am looking for themost secure way to protect it from Past due IRS, Child support arrerages, as well as general creditors. I reside in Texas and my children are 32,33 and 22. As for the IRS that debt is almost 20yrs old.What would be my way to have my father set this up. OH, part of the prperty is Income Producing.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

A will is not going to shield assets from creditors.


It simply is not possible. This is because a will must go through probate before assets can be transferred to heirs ALL valid debts must be paid. So if there are debts? A will is not going to help.

Consider a non revocable trust. Trusts have been used for hundreds of years to protect estates from creditors. If he creates a trust, that can accomplish the goal of passing the estate to the heirs avoiding creditors

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Follow up. I know you had the chance to review the answer. Please rate the answer so I may get credit for my work.
thank you