I am in a great deal of debt despite bankruptcy, and fear my eventual inheritance will be attached. Is there any special wording my mother can place in her will before she passes away to protect whatever she decides to leave me?
Asked on 3/27/10, 7:18 am
3 Answers from Attorneys
Richard Stoffels
Stoffels Law Group
Your mother needs to speak with a good estate planning attorney. While the money is in her possession, your creditors cannot attack the funds, but they can attack any funds that you receive. Without knowing more, there is no way to just provide you with generic language that will solve all of the problems you might encounter.
Answered on 4/01/10, 7:33 am
David Labovitz
Labovitz Law Firm, P.A.
Yes. She can leave it to you in trust, give the trustee discretionary powers over how and when to make distributions to you and make sure there is a spendthrift provision in the trust.
Answered on 4/01/10, 7:34 am
