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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37072
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Can I protect property by putting it into an irrevocable

Customer Question

Can I protect property by putting it into an irrevocable trust?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


Can I protect property by putting it into an irrevocable trust?


As a general rule yes, as long as you aren't being actively sued now or anticipate it within 6 months or so. Otherwise it can be considered "fraud on a creditor" if the intent is to keep creditors from being able to collect on a debt. The creditor can challenge the transfer an claim it was done with intent to defraud and that it was a fraudulent conveyance and ask a judge to set aside the normal protections of the trust.


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