Yes. However, the assets must be transferred to the trust and will no longer be "personal" assets. They will be under the control of the trustee of the trust. You should discuss your situation with an attorney who specializes in trust law in your state.
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Does the trust have assets in it?
You must read the provisions of that particular trust to determine how it directs that assets be distributed. A trust is managed according to the provisions set forth in the document that created the trust.
That person is called the trustee. The trustee has the legal authority to handle the trust assets according to the provisions set forth in the trust.
The trust owns the trust property and that property is managed by a trustee who carries out the provisions of the trust.
An asset protection trust is a trust which holds assets to protect them from creditors. It is used when one wishes to settle with creditors and protect his assets from seizure.
Can you protect your assets from bankruptcy by placing them in an irrevocable trust?
Liability insurance. An irrevocable trust made with the help of an attorney.
No, the owners assets WOULD still be subject to seizure from creditors for all debts that were PERSONALLY guaranteed. The only way to protect personal assets would be for the owners themselves to file personal BK.
A Revocable Living Trust allows the grantor to maintain control and make changes during their lifetime, while a Dynasty Trust is irrevocable and passes wealth to multiple generations. A Revocable Living Trust avoids probate but does not provide asset protection, unlike a Dynasty Trust which can protect assets from creditors and estate taxes for multiple generations.
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Personal assets is assets that are owned by a person. Company assets are assets that are own by the company.
One way to protect financial assets from attachment by nursing homes is by creating a trust fund and transferring assets into it. This can help shield the assets from being considered for payment towards nursing home expenses. Consulting with a financial planner or an attorney who specializes in elder law can provide more personalized advice on how to protect assets.
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You CAN get the assets back in a revocable trust. You CANNOT get the assets back in an irrevocable trust. An irrevocable trust cannot be terminated by the settler once it has been created. The settler transfers their assets into the trust and no longer has any rights of ownership in that property or the trust. The main reasons for setting up an irrevocable trust are estate planning and tax purposes. Generally, assets in an irrevocable trust are shielded from creditors.
It may be worked out that way in the will. Or if a trust were set up that way, it is often done to protect assets.
If the deceased's will leaves assets to a person but places them into a "trust" for that person, yes, they can.