Legal Question in Wills and Trusts in California

If a spouse is facing legal consequences such as jail time, what implications may that mean for fraudulent transfer laws, if the spouses would like to do an estate plan.


Asked on 1/11/11, 10:40 am

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

It is hard to know what you are trying to deal with based on such limited information. First, fraudulent transfer laws apply to transfers of property for less than full value to avoid having the assets available for legitimate creditors. Is the property contemplated for transfer part of the criminal fraud case? Is the property community property, in which case the transfer may have no affect on a creditor trying to collect? Is there a criminal restitution order that you are worried about? Again, community property may already be reachable to pay such a liability. You should meet with an attorney to discuss the specifics of your situation.

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Answered on 1/16/11, 11:47 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Your question is not one which can be easily or accurately answered in this type of format. Among other things, to provide you with a meaningful answer a lot more information then you have provided. If you would like to discuss your situation further, please feel free to call me.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 1/18/11, 9:41 am


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