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Protecting your assets from creditors after death

On Behalf of | Jun 28, 2024 | Estate Planning |

You work hard to build a secure financial future for your loved ones, but what happens to your money when you are no longer around? In Pennsylvania, understanding how to protect your assets from creditors after death is important for making sure your legacy remains intact.

Understanding probate and creditors’ claims

When a person dies, their estate typically goes through probate, a legal process to settle debts and distribute assets.

Creditors have the right to make claims against the estate to recover what they are owed. However, certain assets may be exempt from creditor claims, such as life insurance proceeds, retirement accounts with named beneficiaries, and assets held in a living trust.

Strategies for asset protection

Proper estate planning can help shield assets from creditors. It may include creating trusts or titling property jointly with rights of survivorship.

However, it is essential to be cautious of fraudulent conveyances, which involve transferring assets with the intent to hinder, delay, or defraud creditors. The courts can challenge and overturn such transfers.

Options for asset protection

In considering options for asset protection, several strategies stand out:

  • Gifting: Transferring assets to loved ones before death can remove them from the probate estate, potentially protecting them from creditors.
  • Homestead Exemption: Keeping some of the money you put into your main home safe from people you owe money to, such as creditors, or taxes.

Proper planning and informed decisions ensure that your hard-earned assets benefit your loved ones and not creditors. Safeguard your legacy with effective asset protection strategies tailored to your needs.