Legal Question in Wills and Trusts in Nevada

How do I protect my retirement assest from Law Suits.

My wife and I have the following retirement accounts: CA State Teachers Retirement System (calstrs), 401K Rollover IRA, SEP-IRA, Roth IRA, IRA. Which if any of these are not protected; and how could I protect them from a judgement?


Asked on 6/18/02, 5:01 am

2 Answers from Attorneys

Are Retirement assets vulnerable to Law Suits?

Qualified pensions & retirement plans are exempt from being taken due to a judgment from a lawsuit or other claim, up to $500,000. As long as you assert your rights to the pension, NO creditor can take your retirement money. Most pensions DO qualifY because they meet complex federal tax criteria & all of yours easily meet that criteria. You can even keep these retirment accounts and file bankruptcy! Aren't you glad you asked & please stop worrying. If you have more than half a million bucks in your retirement, it would be worthwhile to spend the money to consult with an estate planning attorey.

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Answered on 6/18/02, 12:11 pm
Paul Malikowski Malikowski Law Offices, Ltd.

Re: How do I protect my retirement assest from Law Suits.

Thr reply by Dorothy Bunce is correct. NRS 21.090 discloses the retirement exemption here: http://www.leg.state.nv.us/NRS/NRS-021.html#NRS021Sec090

Specifically, the procedure is set forth here:

http://www.leg.state.nv.us/NRS/NRS-021.html#NRS021Sec112

The other suggestions about estate planning are also sound. Avoid probabte and create spendthrift trusts for your heirs who may have creditor, tax or ex-spouse problems which can threaten their inheritance.

--

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Answered on 6/21/02, 5:52 pm


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