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For a rollover IRA, what jurisdictional law determines non bankruptcy exemptions from creditors?

Rowlett, TX |

If I live in Texas, but my rollover IRA fund is in Massachusetts (Fidelity), for determining applicable non-bankruptcy creditor exemptions, which law applies? Texas or Mass. or something else?

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Attorney answers 2


The rules of where you live apply - the account's "location" is irrelevant as you have no control over that. So, if you take a rollover and are looking to exempt the property, it would be where you live (or, where you were sued, if that's in a different state).

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This asset is considered owned at your residence, so it does not matter where the fund office is.

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