Is An IRA Still Protected From Creditors After The New Florida Case?

In a recent Florida banckruptcy case, the court held that an IRA was not protected from creditor's claims.  As an ordinary rule, IRAs receive a higher level of asset protection than non retirement assets.  So, what is the current state of affairs?  Is your IRA protected if you get sued?

Well, the new case has opened a new way for creditors to attempt to access these asssets in litgation.  However, the court's ruling was limited to one of three IRAs which was a self directed IRA.  In this case, the court found that the defendant's violation of rules contained in the Internal Revenue Code were the source of the Plaintiff's ability to reach these assets.

HINT: In the event that you have a self directed rather than a traditional IRA, be sure to observe all of the rules related to prohibited parties, and prohibited transactions to maintain your creditor protection.

David M. Frees III, Esquire

David M. Frees Chairs the Trust, Estate, and Wealth Preservation Section of
Unruh, Turner, Burke and Frees and assists clients in developing comprehensive
estate plans and asset protection plans to protect their legacy for themselves and
for family members and loved ones.

Frees has offices in Phoenixville, Malvern, and West Chester and his firm serves clients
throughout Chester County, Delaware County, Lehigh, Berks, Bucks, and Montgomery
counties.

For more information please call 610-933-8069.

David M. Frees III is Chairman of the Trust, Estates, and Wealth Preservation section of Unruh, Turner Burke and Frees with offices serving all of South Eastern Pennsylvania including Chester County, Montgomery County, Berks and Bucks counties, Philadelphia and Lancaster counties including Malvern, Phoenixville, West Chester, Devon, Berwyn, Chester Springs, Doylestown, Kennet, and many more communities.

David Frees is rated highly by Martidale.com and has attained the highest rating by AVVO.  His rating of 10 (Superb) on a scale of 1-10 and client and lawyer reviews be viewed here.

You can schedule a consultation in person, or by phone with David Frees through his assistants/paralegals Donna, Denise, and Tara at 610-933-8069.

David can also be reached by email at dfrees@utbf.com

Please note, however, that David meets with many clients each week and in order to give them his full attention, he is not always availble to reply immediatly to cell phone or email requests.  However, immediate assistance can always be reached through 610-933-8069.

David Frees is a prolific author on legal topics and in addition to the articles and blogs featured on this site, please feel free to view his postings at http://www.utbf.com/trust-estate