Legal Question in Wills and Trusts in California
If a spouse is facing legal consequences such as jail time, what implications may that mean for fraudulent transfer laws, if the spouses would like to do an estate plan.
2 Answers from Attorneys
It is hard to know what you are trying to deal with based on such limited information. First, fraudulent transfer laws apply to transfers of property for less than full value to avoid having the assets available for legitimate creditors. Is the property contemplated for transfer part of the criminal fraud case? Is the property community property, in which case the transfer may have no affect on a creditor trying to collect? Is there a criminal restitution order that you are worried about? Again, community property may already be reachable to pay such a liability. You should meet with an attorney to discuss the specifics of your situation.
Your question is not one which can be easily or accurately answered in this type of format. Among other things, to provide you with a meaningful answer a lot more information then you have provided. If you would like to discuss your situation further, please feel free to call me.
Jon Reich
310.478.2541
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