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Can a creditor garnish a trust fund

Chicago, IL |

I am a trustee on a trust fund from my deceised father, but my brother who is the executor has it in a account in his name according to my fathers wishes,because of poor deceisions regarding money on my part.Can a creditor take that money to pay off past medical bills I owe?

even though it is in my brothers not sure if I am the trustee or the beneficiary in legal terms

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Attorney answers 3

Best Answer

I agree with Attorney Pippen, but I believe that under the facts you have laid out, the money is in your brother's account and not the trust. That being the case, HE would be the owner and YOUR creditors would not have any claim on this.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


If the trust has a spendthrift clause-the answer is No.
Have the trust reviewed by a local attorney to advise you.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


My colleagues have given you the probable answer to your questions, but it is difficult to be sure because your statement of facts is a bit confusing. You say you are a trustee under your father's trust, but I doubt that if he knew you made poor decisions regarding money. Are you sure you don't mean you are a "beneficiary" of a trust fund.

If there are assets in a trust, the fact that your brother is an executor is irrelevant. One has virtually nothing to do with the other.

I think you have your terminology mixed up. You need to re-post your question with more precise facts, or go see an attorney who specializes in trusts and estates and ask him to help you figure out what is going on.

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