Legal Question in Credit and Debt Law in Pennsylvania

mother wants to put money in trust for me and the credit card companies come after the money


Asked on 11/12/12, 6:36 pm

2 Answers from Attorneys

I am unclear as to your question. You are mixing 2 different things. What your mother does or does not do as part of her estate plan is up to her. However, without knowing the details, if she chooses to leave you funds, I would suggest that she speak to an experienced estate planning lawyer and have the lawyer set up a revocable living trust or a testamentary trust, include a spendthrift provision and make you the beneficiary of trust funds which will be disbursed to you by a trustee other than yourself subject to certain conditions.

Your second problem concerns your debts. Rather than make your mother go through all of this, why don't you consider resolving your debt NOW and getting rid of this so that you will not have to worry about credit card companies coming after any inheritance?

You can resolve the debt by either filing bankruptcy or by doing it through debt negotiation, either on your own or with assistance from a lawyer or debt settlement company.

If you wish to discuss your situation in confidence, I give free consults via email and charge $50 for a 30-minute phone consult during which I can review your assets and debts and suggest which alternative might be the best strategy for you to tackle your debts. Please contact me at [email protected] if interested.

Read more
Answered on 11/12/12, 11:02 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

If you owe money, you could consider a bankruptcy. If you are eligible, you could eliminate that debt and then be free to obtain money from your mother in any form you wish.

A trust is not your asset, but your right to receive money from it is.

I am happy to advise you on a free initial basis by phone, e-mail or in person at your convenience.

Read more
Answered on 11/13/12, 11:11 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania