Legal Question in Personal Injury in Wisconsin

Is Inheritance Community Property and Can Marital Creditors of Donor Undo the Transfer?

I could not answer these questions without seeing all of the documents creating the account and all the details of how, when and why the transfer was accomplished. Although inherited and gifted property from outside of a marriage is arguably not marital property, the owner would have the burden of proving that the account did not fall into that classification. This can be difficult, meaning that a marital creditor might still be able to reach the property if proper precautions are not taken. I don't have the details of the transfer or of the lawsuit you mention and therefore could not speculate whether the creditors of the donor could undo the gift and still reach the account. Creditors can do this in several situations including fraudulent conveyance scenarios, where the money was transferred solely to avoid creditors. Bankruptcy trustees and several other types of creditors can also undo transfers. You therefore really need to make an appointment with a bankruptcy attorney who is experienced in marital property litigation to find the expertise you need in this complex situation. These comments are not intended as legal advice for you unless you subsequently retain me.