Martinek Grain & Bins, Inc. v. Bulldog Farms, Inc., 366 S.W.3d 800 (Tex. App.—Dallas 2012, no pet. h.).

Trusts

Funding with Homestead

 

The court held that the transfer of property to a trust which was the settlors’ undisputed homestead could not be set aside as a fraudulent conveyance because the homestead is generally exempt under nonbankruptcy law from the claims of creditors.

 

Moral:  Transfers to a trust of a homestead or other exempt property are unlikely to be set aside as fraudulent transfers.

 

 

 

 

 



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