Ft. Lauderdale Estate Transactions Attorney
Miami Probate Law Lawyer About Us Newsletter Contact an Estate Transactions Attorney in Boca Raton
Asset Protection Planning
Estate Planning
Probate
Corporate and Business Law
Real Estate Transactions

Fraudulent Transfers

Oftentimes prospective clients will suggest that they transfer their assets to a relative as a gift and ask if this will protect the gifted assets.  For example, a debtor who sells all of his assets to his brother for $1 or gives all of his assets to his spouse will likely see the transfer challenged as a fraudulent transfer. If it is determined that the transfer was made to defeat creditors either because the debtor was made insolvent by the transfer or because the debtor actually intended to defraud his creditors, courts can set aside the transaction.  The person holding the assets may then be required to give them up to the creditor. 

The concept of fraudulent transfers also applies to transfers to limited liability companies, limited partnerships, corporations and into various forms of joint ownership including tenants by the entirety.  If such a transfer makes the debtor insolvent, the transfer may very well be a fraudulent transfer.
What is Asset Protection?
Limited Partnerships / Limited Liability Companies 
Offshore Asset Protection Trusts 
Tax Consequences of Offshore Trust
AV Peer Review Rated Florida Bar Board Certified in Real Estate Law Florida Bar Board Certified in Tax Law
The information on this Estate and Probate Law Attorney website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. © 2010 All Rights Reserved.