Are assets in a marital Trust subject to lawsuits?

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Are assets in a marital Trust subject to lawsuits?

Asked on June 19, 2015 under Estate Planning, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The protaection of assets in any type of trust depends upon the terms of the trust.  Generally if the trust is revocable then the assets in them are not really protected.  Also remember that jointly owned property can only be attached for the debtor, not the joint owner's portion.  But it can be a lien which could be enforecable.  Good luck.


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