If my husband has been hospitalized for 7 months after a serious auto accident, how do I protect our assets?

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If my husband has been hospitalized for 7 months after a serious auto accident, how do I protect our assets?

We own 2 homes, 1 rental and have IRAs and other retirement accounts. I’m concerned that insurance coverage may run out. I need to protect our assets as much as possible.

Asked on December 31, 2011 under Bankruptcy Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you husband was in a serious auto accident, you should consult with a personal injury attorney to first discuss what medical coverage is available for him under your own auto policy of insurance assuming you have one and to go over all other policies of insurance that you may have for medical treatment. Another matter to review is the type of medical insurance coverage the driver of the other car may have that possibly could cover your husband's medical coverage.

As far as protecting assets concerning the mounting medical bills of your husband, you should consider placing all of your assets in a trust, preferably a revocable trust. You will need a Wills and trust attorney to assist you in this endeavor. Be warned, creditors in existence before you place your assets into a trust could claim that you are creating the trust to defraud creditors under the unified fraudulent creditors act.

 


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