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Tuesday, 17 May 2011 15:11

Asset Protection Test Case

I had a client named Bill who was a wealthy physician.  In 2003, he created a SPA Trust for his wife Jenny and their four children.

  He put $2,000,000 into the SPA Trust where it was invested in income producing real estate.  In 2005, Bill died.  In 2007, Jenny married a successful real estate developer named Paul.  Paul needed a loan for a large project and the bank required both Paul and Jenny to guarantee the loan.  When the real estate market crashed in 2008 and 2009, the project failed.  The bank sued Paul and Jenny on their personal guaranty.  Paul and Jenny were both forced into bankruptcy.  The bankruptcy court declared that the SPA Trust was not includible in the bankruptcy estate and that the creditors have no claim on the SPA Trust.  The SPA Trust is now Jenny's only source of income.  The income and principal of the SPA Trust is available to Jenny, but protected from her creditors or from a divorce.  When Jenny dies, the assets will be held for her children for life and they will receive the same asset protection.                  

 

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If you are interested in asset protection planning, call me or send me an email with a summary of your situation and I will send you a free proposal designed just for you.
lee@lsmlaw.net

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