If you’re building a legacy for your family, the last thing you want is for that wealth to get tied up in lawsuits or drained by creditors. In Mississippi, asset protection planning can be folded right into your estate strategy without sacrificing your long-term goals. With the right tools, you can pass down what you’ve built while reducing the risk of someone else taking it away.

Using Mississippi Asset Protection Trusts to Guard Your Wealth

Mississippi allows a specific kind of trust called a Qualified Disposition in Trust (QDIT). This irrevocable trust protects assets from most lawsuits and creditor claims.

To work, the trust must include a “spendthrift clause” and be managed by a Mississippi trustee. You’ll also need to prove that you’re solvent when transferring assets and sign an affidavit confirming that you aren’t trying to dodge current debts.

The protection isn’t instant. Creditors have up to two years to file a claim after assets are transferred into the trust. However, once that window passes, those assets are much harder to reach.

Exceptions do exist. These include unpaid child support or certain government claims. However, for most people, this tool adds a strong layer of security.

How Family LLCs Add Another Layer of Protection

For business owners and real estate investors, forming a Family Limited Liability Company (LLC) is another smart move. It keeps your personal assets separate from business risks and offers liability protection. Additionally, if the LLC is owned by your trust, the protection is even stronger.

If a creditor wins a judgment against you, they usually can’t touch the company itself. All they may get is a “charging order,” which gives them a share of future distributions but no control or access to the business or its property.

We Help Mississippi Clients Build Strong, Flexible Estate Plans

At O’Brien Law Firm, we help clients create estate plans that pass on and protect wealth. Whether you want to shield family property, limit exposure to lawsuits, or pass on a business safely, we’ll show you how these tools work together. Contact us today to start building a plan that keeps your future and your family secure.

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