Legal Question in Landlord & Tenant Law in California

After you fill out the forms for a living Trust, how do you file them. And will this be the proper way to protact your home from law suits and the IRS.


Asked on 3/14/12, 6:27 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

A living trust is not an asset protection vehicle - i.e., it will not protect your home from creditors, lawsuits or the IRS. You also do not file them - they are a private agreement betweent the person who creates the trust, and the person or persons who act as Trustee. Certain types of trusts do get registered with the State of California, but those are generally charitable purpose trusts. You need an asset protection trust, and they are very complicated and worthless if not done correctly. If you really need that type of protection, do yourself a big favor and hire an attorney who specializes in those types of trusts. Do not use legal zoom or one of the other self-service websites. They have been accused of creating faulty documents, and particularly in a case like this, I doubt they even have a proper asset protection trust due to the complexities involved.

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Answered on 3/15/12, 1:01 pm


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