Legal Question in Wills and Trusts in Ohio
Asset Protecton Trust
I will inherit a house and a large sum of money when my grandmother passes. Because I have a couple judgments against me I would like to have a trust set up and title everything in the trust. The assets will go directly from my grandmother to the trust. Will this protect them from my creditors?
2 Answers from Attorneys
Re: Asset Protecton Trust
This is an excellent idea. However, it rewires that your grandmother be willing and able(mentally) to draft such a plan, and that the trust be set up carefully or it will not offer you any protection. Once the assets are in your hands, they are subject to creditors. If I may answer any more of your questions, please feel free to contact me.
Re: Asset Protecton Trust
It is possible to protect the assets from creditors if your grandmother leaves assets to a trust that is set up with you as the beneficiary, and the trust is carefully worded.
If the assets are left to you in your grandmother's will and you move them to a trust, you may have a problem.
This is something that needs to be discussed with an attorney in person. There are a lot of factors that may effect the decisions in this type of case. I would suggest that you act quickly. Some action may be necessary before your grandmother dies.
I will be happy to discuss this with you in more detail if you want to contact me directly. No charge or obligation for a confidential conference.
Good Luck!
DHD