Can I use an asset protection trust to protect my assets from lawsuit judgments?

Yes, you can use an asset protection trust to protect your assets from lawsuit judgments in California. An asset protection trust is an irrevocable trust created to protect a person’s assets from creditors, lawsuits, and other potential threats. In California, asset protection trusts are governed by the Uniform Trust Code. This code is designed to help ensure that trusts, such as asset protection trusts, are enforced and interpreted in a consistent way across the state. When a person creates an asset protection trust, they transfer their assets to the trust, and the trust, in turn, becomes the legal owner of the assets. This way, creditors or other individuals cannot legally access the assets or attempt to seize them for judgments or claims. The trust is then managed by a trustee who is selected by the trust creator, and the trust creator still has control over the assets, such as the ability to withdraw or reinvest the assets as needed. Although asset protection trusts can offer a great degree of protection from lawsuit judgments, their use is not without restrictions. For example, California courts will not typically allow the creator of an asset protection trust to benefit from the trust’s protection if they fraudulently transferred their assets to the trust in order to avoid creditors or potential lawsuits. Additionally, certain types of assets may not be eligible for protection in an asset protection trust. As such, it is important to consult with an attorney who specializes in asset protection law in California to ensure that the trust meets all legal requirements.

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