Legal Question in Wills and Trusts in Minnesota

ERISA Qualified Pland

I am in the process of attempting to find an attorney to assist in my Estate Planning needs, but they all seem to stumble over this one question: Is an ERISA qualified plan with the non-assignment restrictions exempt from the claims of all creditors (excluding domestic relations and the federal government -- IRS)? Does federal law rule or is state law the rule?


Asked on 8/19/99, 8:28 pm

1 Answer from Attorneys
Melvin Peterson 763-424-6442

Re: ERISA Qualified Pland

Both State and Federal exemptions apply. The cases

and statutes have exceptions and it requires looking

at the whole picture. This is a grey area and needs to

be researched and your plan reviewed. There is no simple

answer.

Melvin J. Peterson Jr.

11431 97Th. Place No.

Maple Grove, MN 55356

Atty. I.D. 135744

TEL 1-612-424-6442

FAX 1-612-425-3888

Read more
Answered on 8/21/99, 10:04 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Minnesota