Estate Planning 101-G
PROTECT ESTATE FROM ATTACK / CREDITORS
When an estate goes through probate, the court freezes the assets and asks anyone to come forward and contest the will if they please. Creditors are invited to come forward with their claims and heirs may challenge certain bequests under the will if they are disappointed because they received less than they had anticipated.
With a living trust, however, assets are not frozen and can be distributed to your designated beneficiaries immediately without the highly technical requirements of probate disposition.
The disgruntled heir would have to hire an attorney and file a civil suit against each beneficiary. The trust assets can also be protected from judgment creditor’s claims and/or lawsuits filed against you or your beneficiaries. In addition, you can protect a distribution to a beneficiary from being reached by the beneficiary’s creditors, from alimony attachments, from Medi-Aid spend down requirements, and even from the beneficiary him/herself.