Paradise Valley Estate Planning Attorney

A revocable living trust is a great foundational tool to save time and money and maintain your and your loved ones’ privacy after you become incapacitated or die. However, because you, as trustmaker, would typically serve as the initial trustee and have the power to change or revoke the trust, there is little that can be done to shelter the trust’s accounts and property from your personal creditors. The trust is merely an extension of you.

If you are concerned about protecting your accounts and property from your creditors or lawsuits, there are other types of trusts that can be used. These trusts would typically have someone else act as trustee and restrict the amount of authority you have to manage the trust’s accounts and property. In some cases, the trust may even restrict your ability to benefit from the trust’s property. Protecting your accounts and property usually requires that you give up control, so you must think carefully before implementing this type of strategy. It is also important to note that if you know that you will be a party to a lawsuit or have a creditor trying to collect a debt, it is too late to move money and property into a trust. Asset protection tools need to be put in place before any troubles occur, or else you could be guilty of making a fraudulent transfer in an attempt to defraud creditors.