Legal Question in Bankruptcy in Massachusetts

There is no simple, direct answer to the question. As a general principle, however, trusts are a poor substitute for probate. Furthermore, they do not really protect property from creditors or a bankruptcy trustee. The best way to answer this question is to have an actual consultation with a bankruptcy attorney. Do not rely on a general practitioner; consult a BANKRUPTCY attorney.

If you put your house in trust for your children, if the trust is drafted properly, any subsequent bankruptcy by the children will not effect the property. Problem occurs frequently where the trust is improperly drafted and leaves the property open for the bankruptcy court to take as an asset. If you want to discuss this further feel free to contact me.