Video Summary
If I place my assets in a trust, are they protected from my creditors? No. If you transfer your assets into what they call a revocable trust, which is usually set up as far as your estate plans concern, saying who you want to receive your assets upon your death, your assets are not protected, and in fact your assets are not protected. If you transfer your assets to any sort of trust or maintain control over it, the creditors can still attach these assets. This is particularly troublesome if you set up a joint trust between husband and wife, and that you do have some asset protection as husband and wife under ancy by the entirety. Since creditors get a judgment against just either spouse, they can’t attach assets that are titled as husband and wife. Whereas if you set up a joint trust or have a joint trust, you transfer your tendency by the entirety property into the trust. Well, it destroys that, and the creditors then may be able to reach the half of the assets that you placed in this trust. Some folks say, well, what about an irrevocable trust? An irrevocable trust? It means that you transfer your assets to a trustee and you have no longer have any control over these assets, and the trustee has to follow the directions, follow the directions that they’re provided in the trust, but you can’t make demand upon them. If they are put in this irrevocable trust, then they are protected from creditors. So if you have any questions about this, give me a call at (727) 847-2288.