How can I protect my property from creditors?

Does a general warranty deed that is alread transferred to grantor protect it from the previous owners creditors?

First, property is transferred by deed to the grantee. If the property is transferred to avoid creditors the creditors can still attach it through a court process. If there are already judgment liens, tax liens and mortgage liens recorded against the property then you would acquire it subject to those liens. They do not go away if you transfer the property to someone else.

Can creditors put a lien on property not in your name?

If the property was fraudulently conveyed to avoid creditors the court can approve a lien against it in spite of the transfer.If the property was fraudulently conveyed to avoid creditors the court can approve a lien against it in spite of the transfer.If the property was fraudulently conveyed to avoid creditors the court can approve a lien against it in spite of the transfer.If the property was fraudulently conveyed to avoid creditors the court can approve a lien against it in spite of the transfer.

How do you protect your property from lawsuit?

There are several topics you could discuss with an attorney who can explain your options and the consequences of the various ways you can protect your property from creditors and judgments. You should discuss: recording a homestead exemption in the land records- protection varies from state to state transferring your property to an irrevocable trust increasing your liability insurance coverage

Will a quit claim deed protect your husbands property from your debts?

If you own the property as tenants by the entirety you should NOT execute a quitclaim deed until you have consulted with an attorney. Further, a conveyance to avoid creditors can be rendered void by a court.

Can you use tenancy by the entirety to protect property during bankruptcy when using federal exemptions or can it only be applied when state exemptions are used?

Any interest in property, no matter how you hold title, has to be disclosed for possible payment to creditors.

Can any liens be placed on my home if it's in an revocable trust?

Trust law is extremely complicated. And yes, an improperly drafted trust can leave your property exposed to creditors and taxes. A revocable trust implies that you maintained some control over the property. That may cause the property to be exposed to creditors. The surest way to protect property is with an irrevocable trust. You should consult with an attorney who specializes in trust law and tax law.

Can a revocable trust be sued by credit card companies after the person is deceased?

That all depends on the trust and whether it was set up properly to protect the assets of the decedent. In order to transfer title to property out of an individual to protect that property from probate and creditors EFFECTIVELY, the trust must be drafted by a professional. If the truster maintained any control over the trust the trust property may be vulnerable to claims against the decedent's estate. The creditors can make claims against the estate and a judge will decide.

Does the Homestead Declaration in the State of Texas protect you from losing your home in a lawsuit?

The answer depends on the subject matter of the lawsuit. It protects you against creditors but not against lawsuits that challenge the title to the property.

What does successor trustee mean?

A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.

What options do you have to protect your property from creditors when a chapter 13 bankruptcy is dismissed?

Once a 13 is dismissed creditors can pursue collection by whatever means allowed under the debtor's state laws, this usually includes lawsuits. The only viable choice for the debtor is to protect as much real and personal property as possible before a creditor has a chance to file a lawsuit. If the debtor has not been served a civil suit summons they may still legally transfer property, remove themselves from bank accounts, and so forth.

How is asset protection trust properly defined?

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.

If your mother dies and leaves no estate are her children responsible for paying her creditors?

A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.