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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41004
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 back to JA. Ray here to help you.

It is highly unlikely that an irrevocable trust , and a SNT is such a trust be accessed by court order and a debtor.One of the primary reasons for such irrevocable trusts is the protection of the beneficiary.Absent fraud here is setting it up , very unlikely a court would allow such an invasion of these kind of trusts.I have never seen a court do this, although it is possible if the court again felt there was fraud in setting it up.

Normally such trusts are set up to preserve government benefits prior to any suit and the court would not allow this assuming there was a legitimate reason to set these trusts up.It is possible but really extremely rare a court would do so.

I appreciate the chance to help you again.Please let me know if you have more followup.

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