Legal Question in Business Law in Massachusetts
Trust or Custodial Account?
I have, through my divorce, been awarded some marital money. I fear that I owe my attorney too much money and that he will take me to court for the bill due him, which nills the amount awarded to me.
1)Can I use a trust or custodial account to transfer the money to my children for their benefit?(The children are under 10 years old)
2)Can the courts reverse the trust or custodial account setup for the benefit of my children? (The children are under 10 years old)
2 Answers from Attorneys
Re: Trust or Custodial Account?
Any transfers made to avoid a debt will be voided by the courts under the uniform Fradulent Conveyances Act. The age of the children is irrelevant. If you dispute the bill, there are provisons in your retainer agreement that will address the process (usually through either mediation or arbitration).
Re: Can I defraud my prior attorney?
You raise several questions.
1. Owing an attorney money is the first issue. How much is too much depends on your agreement, and what the attorney did in your behalf. If this is a legitimate legal fee where you just feel it is too much, then you are still obligated to pay. If you believe there is an error or some other mistake, then you have other options.
You cannot legally or should not use any device to hide money regarding a legitimate debt. This is fraud. Using this method causes you other problems where a trust or or other arrangement shall be voided, and you will incur other costs.
The only option you may have is to negotiate with your lawyer.
Remember if your lawyer did a job for you, it is unfair for you to take away that which your attorney earned.
Now you are asking other attorneys to help you get away with a valid debt. What are you going to do to the next attorney.
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