Legal Question in Wills and Trusts in Florida
In the state of fl can a trust be attached by a creditor
Asked on 10/20/09, 8:09 am
3 Answers from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Usually not; they typically have what is called a spendthrift provision.
Answered on 10/20/09, 8:27 am
Lucreita Becude
Lucreita D. Becude, P.A.
No. Most contain a spendthrift provision. However, if you deposit those funds in a checking saving account, the creditor can attach depending on what type of judgment order they obtained.
Answered on 10/21/09, 4:08 pm
Frank J. Pyle
Probate Attorney Throughout Florida
If you are the one who set up the Trust, and you have full access and control over the assets in the Trust, your creditors will be able to reach those assets. It is a matter of control. The above answers relate to whether the creditors of a beneficiary may reach the assets.
Answered on 10/21/09, 5:01 pm