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Will putting my home in a Living Trust protect me if I ever got sued? What other actions should I take for LLC company?

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Living Trust protect my home

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Attorney answers 4


No. A living trust generally does not protect against lawsuits. In some cases, irrevocable trusts do this. You need to share your facts with an attorney to make sure that things are set up properly and that you do not have any fraudulent conveyance issues.

If your company is already set up as an LLC, your liability is limited to the LLC assets, just by virtue of being within the LLC.

Insurance may be a good way to take care of this issue, depending on what the concerns are.

James Frederick

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No - a revocable living trust does not protect your assets if you are sued. If you have formed an LLC for a business (including rental real estate) an LLC is designed to protect your other assets if you are sued as a result of the business owned by the LLC.


I agree completely with Mr. Frederick: Putting your assets into a revocable living trust -- one in which you have complete and utter control over the assets -- will not protect these assets from creditors.

99% of the law follows common sense: Would it be fair for someone to avoid their creditors by simply transferring their assets into a revocable trust that they still control and get the benefit from? No, it wouldn't, and consequently the law doesn't allow for it.


A living trust provides no creditor protection. In California an irrevocable trust in which the settlor is also the beneficiary likewise does not provide protection.

What is your question on an LLC? What assets are you putting into the LLC? What is the purpose?

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