Can creditors take money from an asset protection trust?
In Florida, the answer to this question is generally no. This is because asset protection trusts are designed to protect assets from creditors. When an individual puts property or money into an asset protection trust, the assets are transferred to a trust. They are owned by the trust and managed by a trustee, and not the individual who created the trust. This means creditors no longer have a legal claim to the assets because the individual no longer owns them. Therefore, creditors cannot take money from an asset protection trust in Florida. However, there are some exceptions. For example, if an individual has a court judgment against them and the court orders them to transfer assets from the asset protection trust to the creditor, then the courts can seize the assets. It is also important to note that asset protection trusts are not a shield from criminal prosecution or taxes. Asset protection trusts are an important tool for individuals who are looking to protect their assets from creditors. They are designed to help protect assets from creditors which may have legal claims against the individual. However, it is important to remember that there are exceptions to the rule, and it is important to consult with a knowledgeable asset protection attorney if you are considering placing assets into a trust.
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