Legal Question in Wills and Trusts in California
Home
My mother had her home put into a trust. Is that home protected from any liens?
5 Answers from Attorneys
Re: Home
A living trust does not protect the home from liens.
Re: Home
Probably not. The most common trust is to avoid probate. It provides no protection against creditors. Nevada does offer a spendthrift trust that can protect property against creditors. Hoswever, it is very hard to protect property that you keep against creditors; it is much easier to protect property you give to others against creditors. And nothing will protect the house from a tax lien.
Re: Home
if that is a standard living trust, no.
Re: Home
Normally, no, if the trust is revocable. Even irrevocable trusts would not protect her if she's also the beneficiary.
If there are creditors on the horizon that she's trying to protect herself from, she should check with an attorney experienced in asset protection before making any property transfers, as doing so the wrong way can be a criminal act.
A simple way to protect herself against negligence claims is having adequate liability insurance for her home and car, and possibly an umbrella policy to get higher limits at a reasonable cost.