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Is a Totten Trust protected from creditors?

Is a Totten Trust protected from creditors?


A Totten trust account is a bank account that is earmarked by the account owner to become the property of a designated beneficiary upon the account owner's death. The account is typically carried on the bank's books in the form "JOHN Q. OWNER TRUSTEE FOR SAM R. BENEFICIARY." Sometimes the abbreviation "ITF" (for "in trust for") is used. The Totten trust model is used in states that have not adopted laws providing for "payable on death" account designations.

The owner or owners of a Totten trust account (sometimes called the "Trustee(s)") are in total control of the account, and can revoke or the designation of the beneficiary(ies) at any time until the last owner's death. Because the owners have all ownership and access rights to the account, the account is considered the property of the account owner(s), and is not protected from the owner's creditors any more than any other account in the owner's names.

Published on BankingQuestions.com 6/05/08