Making an estate plan? How to avoid fraudulent transfers - Crawford Ellenbogen

If you have an estate plan and also have creditors, you could inadvertently be a fraud perpetrator. That’s because creditors may challenge trusts and other estate strategies as fraudulent transfers. There are two types: active and constructive. The latter is the greater threat for most people because there’s usually no fraud intent. It occurs when someone makes a gift without receiving a reasonably equivalent value in exchange for it and is either insolvent at the time or becomes insolvent as a result of the transfer. To avoid creditor claims, work with professional estate planners and financial advisors.