Legal Question in Wills and Trusts in New Jersey

can a credit card lien be placed against a living trust


Asked on 2/16/12, 8:05 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I would need to review a copy of the trust to give you a complete answer. However, in general, if the lien is against the creator [grantor] of the trust, then yes, the living trust is subject to the grantor's creditors.

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Answered on 2/17/12, 5:12 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Jon that the trust agreement has to be reviewed. If the trust is revocable, created by the debtor, or if the debtor has mandatory distribution of income from the trust, this might be attached by a creditor. More information is needed for a complete response, Differing facts could result in a different response.

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Answered on 2/17/12, 8:43 am


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