Boise, ID asked in Estate Planning for Arizona

Q: Are assets in a irrevocable trust az state pay to debtors before sole beneficiary

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1 Lawyer Answer
Gregory Christopher Poulos
Gregory Christopher Poulos
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Thank you for your question. Unfortunately it is a complicated one that requires more information. At the outset, you refer to debtors, but presumably you mean creditors? The answer to this question really depends on a reading of the irrevocable trust to determine if the payments to the beneficiary are discretionary or mandatory. If you are the beneficiary, that means having the irrevocable trust analyzed. If you are the creditor, you may have to retain an attorney to pursue the trust to determine if you can enforce your claim against it. This is a vague answer because your question raises a lot of issues. I recommend that you speak with an attorney who is knowledgeable in this area.

Ryan K Hodges agrees with this answer

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