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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42855
Experience:  Texas Attorney for 30 years dealing in real estate
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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: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year 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.