Legal Question in Wills and Trusts in Maryland

Re: irrevocable trust.....can judgments or liens be placed?

The question of whether judgments or liens can be placed on a trust has recently been addressed by the Court of Appeals in the case of Duvall v. McGee (2003). The court reviewed the previous case of Smith v. Towers (1888), in which it set the general rule that protection of assets from the rights of creditors was not repugnant because creditors can learn assets are protected before deciding to extend credit. The court provided a few exceptions where judgments could attach to a trust, such as in the case of an alimony arrearage or child support.

Ms. D'Souza understands this information is dessimated to the general public. Please note these statements are offered for informational purposes only; they are not offered as and do not constitute legal advice. Any reviewer of this information should seek professional counsel. Any application of the information provided is dependent upon specific facts and circumstances of individual situations.

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