Legal Question in Wills and Trusts in New Hampshire

Asset Protection through irrevocable trust

What are the pros and cons of an irrevocable trust? What is the best way to protect valuable possessions such as heirloom jewelry, artwork, within an irrevocable trust. The objective of the trust is to protect personal assets in the event that the parties involved require nursing home care.


Asked on 7/01/99, 11:57 am

1 Answer from Attorneys

Re: Asset Protection through irrevocable trust

Generally speaking, the cons of an I.T. are that you cannot change anything. You have to get the terms correct and they must be perfect.

I'm not certain how much protection this will give you. If the parties have the physical access to the goods, even if they are deed to a trust, this will not stop someone from stealing the goods, it won't stop the parties from selling the goods, and it won't stop them from giving them away.

If the parties don't have such access, it will be of some use to prevent them from giving away or selling the goods.

I have clients with similar property (but I've had them will their goods into revocable intervivos trusts). Please let me know what you were thinking of, more specifically. I'd appreciate hearing. Send me e-mail.

By the way, are these Mass. residents or NH residents? Where are you?

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Answered on 7/09/99, 9:59 am


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