🚨 Thinking About Moving Assets? Hiding From Creditors? The IRS? Read This First.
Автор: Matthew Weidner Florida Attorney
Загружено: 2026-02-16
Просмотров: 3
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Before you transfer assets into a trust to “protect” them, you need to understand something very important:
Florida has a Fraudulent Transfer Act (Chapter 726) — and courts can unwind transfers made to hinder, delay, or defraud creditors.
That includes transfers into revocable trusts.
If:
• A lawsuit is pending
• A creditor claim exists
• You transfer assets to an insider
• You keep control after the transfer
• You become insolvent afterward
A court can reverse the transfer.
A revocable trust does not make assets invisible.
If you control it and benefit from it, it is generally still reachable.
And if you think you can solve the issue by “going offshore,” be very careful.
Offshore trusts do not remove U.S. jurisdiction over you.
And transfers involving foreign entities or foreign persons may trigger FIRPTA (Foreign Investment in Real Property Tax Act) — which brings federal tax withholding, IRS filings, and additional compliance requirements.
Trying to be clever after a problem arises can create:
• Fraudulent transfer exposure
• Court-ordered clawbacks
• Tax complications
• Increased litigation scrutiny
Real asset protection planning is proactive, lawful, and structured properly before issues arise.
Moving assets after the fact can make things much worse.
This is a warning video — not legal advice.
If you’re concerned about creditor exposure, speak with a qualified attorney before transferring anything.
#FloridaLaw #FraudulentTransfer #Chapter726 #AssetProtection #RevocableTrust #FIRPTA #OffshoreTrust #CreditorRights #TrustLaw #ProbateLaw
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