Personal estate planning counsel in Northern California
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Practice area · Asset Protection

Asset Protection in California

Lawful planning that keeps a lawsuit, a business debt or a beneficiary’s divorce from undoing what you’ve built — arranged before a claim, not after.

Counsel
Elaine Andrews, Certified Specialist
Service area
Northern California · Office in Truckee
First meeting
Free initial consultation

In plain terms

Asset protection is planning that reduces the exposure of your property to future creditors and claims through insurance, business entities, statutory exemptions and trusts for your heirs — done in advance and in good faith. In California the limits are clear: you cannot shield assets in a trust you create for your own benefit (Probate Code §15304), and transfers made to hinder an existing or foreseeable creditor can be undone under the Uniform Voidable Transactions Act (Civil Code §3439 and following).

Protection comes in layers

No single document makes property untouchable. Effective protection combines adequate liability and umbrella insurance, properly maintained entities that keep business risk inside the business, the exemptions California law gives to homes and retirement savings, and spendthrift trusts that protect what your children inherit. Timing matters most: planning done before any claim exists is far stronger than anything done after. The Andrews Law Firm, P.C. coordinates asset protection with estate plans for families and business owners in Truckee, Lake Tahoe and the Northern Sierra.

  1. 01 The foundations The layers of protection · What a revocable living trust does not do · Self-settled trusts and the California limit
  2. 02 Built-in protections The homestead exemption · Retirement accounts · Business entities and charging orders
  3. 03 Heirs and timing Protecting what your children inherit · Timing and voidable transfers · Coordinating protection with your estate plan
The owner of a small family business at work in a workshop

Chapter 01

The foundations

The layers that protect property, what a revocable trust cannot do and the California limit on self-settled trusts.

The layers of protection

A sound plan combines several tools, each covering a different risk:

  • Liability insurance — homeowner’s, auto, professional and umbrella coverage is the first and often strongest layer.
  • Business entities — LLCs and corporations separate business liabilities from personal assets when their formalities are followed.
  • Statutory exemptions — California shields part of a home’s equity and most retirement savings from judgment creditors.
  • Trusts for heirs — spendthrift and discretionary trusts protect inheritances from beneficiaries’ creditors and divorces.
  • Titling and agreements — how spouses hold property, and written marital agreements, affect what a creditor can reach.

What a revocable living trust does not do

A revocable trust avoids probate and plans for incapacity, but while you are alive its property is fully available to your creditors (Probate Code §18200), and after death it remains subject to claims against your estate. Many people are surprised by this; it is the main reason asset protection is a separate conversation from estate planning.

Self-settled trusts and the California limit

California does not enforce a spendthrift provision in a trust in which the person who creates it is also a beneficiary: the creator’s creditors can reach the trust property (Probate Code §15304). Some states, including Nevada, allow self-settled asset protection trusts, but a California resident who uses one faces real uncertainty about whether a California court will respect it — particularly for California real estate.

A mountain home among pines in winter

Chapter 02

Built-in protections

The homestead exemption, retirement accounts and how business entities keep risk inside the business.

The homestead exemption

California’s homestead exemption protects equity in a principal residence from most judgment creditors. Since 2021 the amount is the greater of $300,000 or the county’s median sale price for a single-family home in the prior year, capped at $600,000, with both figures adjusted annually for inflation beginning in 2023 (Code of Civil Procedure §704.730). It does not protect against mortgages, property tax liens or other debts secured by the home.

Retirement accounts

Private retirement plans such as 401(k)s are generally exempt from creditors under California law and federal ERISA rules, and IRAs are exempt to the extent necessary to support the debtor and dependents in retirement (Code of Civil Procedure §704.115). Inherited IRAs are treated differently: in Clark v. Rameker (2014), the U.S. Supreme Court held that inherited IRAs are not protected retirement funds in bankruptcy.

Business entities and charging orders

An LLC or corporation that is properly capitalized and maintained keeps the business’s debts inside the business. For a personal creditor of an LLC member, California generally limits the remedy to a charging order against the member’s distributions (Corporations Code §17705.03), although a court can order foreclosure of the interest in some cases. Separate entities for separate rental properties or business lines can keep one problem from reaching everything.

Three generations of a family walking on a trail at dusk

Chapter 03

Heirs and timing

Spendthrift trusts for the next generation, voidable transfers and coordinating protection with your estate plan.

Protecting what your children inherit

The strongest lawful protection most families can provide is for the next generation. An inheritance held in a spendthrift trust (Probate Code §15300) or a discretionary trust is protected from a beneficiary’s creditors, and when kept separate it remains the beneficiary’s separate property in a divorce. A trust can also protect a beneficiary who struggles with money or addiction, or who receives public benefits.

Timing and voidable transfers

A transfer made with intent to hinder, delay or defraud a creditor — or made without receiving reasonably equivalent value while insolvent — can be set aside under the Uniform Voidable Transactions Act (Civil Code §3439.04–3439.05), generally within four years. Planning in the face of an existing lawsuit is limited and risky; planning during calm times is not.

Coordinating protection with your estate plan

Asset protection decisions affect taxes, control and family dynamics: retitling community property, giving property to children or creating entities can change the income tax basis heirs receive, property tax treatment and who controls the property. A coordinated review puts insurance, entities, exemptions and trusts into one plan.

A business owner reviewing plans at a workbench

Who this is for

Asset protection deserves a review if any of these is true.

Talk it through
  • You own a business, rental property or a professional practice.
  • Your work carries liability risk — medicine, construction, real estate or similar.
  • You own several properties titled in your own name.
  • You want an inheritance to stay protected from a child’s creditors or divorce.
  • Your insurance coverage hasn’t been reviewed in years.
  • A family member receives public benefits.
  • You are planning a sale, a gift or a business transition.

How it works

From risk review to a layered plan.

Direct guidance from a Certified Specialist at every step.

  1. 01

    First meeting

    Identify assets, liability risks and existing insurance and entities.

  2. 02

    Risk review

    Map which assets a creditor could reach today.

  3. 03

    Design

    Choose the mix of insurance, entities, titling and trusts.

  4. 04

    Documents

    Prepare operating agreements, deeds, trusts and assignments.

  5. 05

    Implementation

    Transfer assets, update insurance and observe entity formalities.

  6. 06

    Review

    Revisit as the business, the family and the law change.

California at a glance

Asset Protection, by the numbers that matter.

Revocable trusts
Not a creditor shieldProperty in a revocable trust remains reachable by the settlor’s creditors (Probate Code §18200).
Self-settled trusts
Limited protectionCalifornia does not enforce a spendthrift clause against the settlor’s own creditors when the settlor is also a beneficiary (Probate Code §15304).
Voidable transfers
Timing mattersTransfers made to hinder, delay or defraud creditors can be unwound (Civil Code §3439 and following).
Home and retirement
Statutory exemptionsCalifornia’s homestead exemption is tied to county median home prices, and many retirement accounts receive substantial protection (Code of Civil Procedure §704.730, §704.115).

General California and federal information current as of 2026. Figures adjust over time and every situation is different; confirm how a rule applies to you before acting.

Mistakes we see most often.

Waiting until a claim is threatened
Transfers made after a claim arises can be undone as voidable.
Relying on a revocable trust
It offers no protection from your own creditors.
Ignoring LLC formalities
Commingling funds or skipping records invites a court to disregard the entity.
Using a self-settled trust as a California resident
California does not protect a trust you create for your own benefit.
Leaving inheritances outright
An outright inheritance becomes part of the child’s own estate, open to creditors and divorce.
Underinsuring
Insurance is the first layer; gaps leave everything else exposed.

This page covers

  • Liability insurance
  • Umbrella coverage
  • LLCs and charging orders
  • Homestead exemption
  • Retirement account exemptions
  • Spendthrift trusts
  • Self-settled trust limits
  • Voidable transactions
  • Inherited IRAs
  • Community property and creditors
  • Entities for rental property
  • Trusts for heirs

In clients’ own words.

All client reviews
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Ronald Schmader profile picture
Ronald Schmader
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As grieving parents of our deceased son, we were in need of guidance with regard to what do we do next. Our son was without a will and, we had no experience with how to proceed. Luckily, we contacted Elane at the Andrews Law Firm Truckee who immediately understood our situation and was able to provide the information we needed and the necessary legal paperwork to resolve our problem. Our problem was magnified by the fact that we live in Milwaukee and involved my son's car for which we could not find the title. Rather than have to return to Truckee after 40 days to request a new title, Elane assisted us in creating a power attorney for a friend in Truckee which negated our having to return to Truckee from Milwaukee to simply apply for a new title. We are very appreciative with the help we found at The Andres Law Firm Truckee. Thank you, Elaine!
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David VanderJagt profile picture
David VanderJagt
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We really appreciate all the excellent work the Andrew’s Law Firm has done with updating our Trust. Her attention to detail is very appreciated and guiding us through our Trust planning has been exemplary . David and Linda VanderJagt
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I “Sue” S
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Quick and efficient handling of my new Trust.
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Stephanie (Lady Lebala) profile picture
Stephanie (Lady Lebala)
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We were referred to Elaine Andrew's law firm through a friend and I'm very happy we went and sat down with her. She quickly recognized a few mistakes in our previous trust and worked to correct them and ensure that our trust followed all legal requirements. We now feel confident that we have a very solid trust for the future.
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Cindy Ann Homer profile picture
Cindy Ann Homer
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Elaine was very supportive and professional. She sincerely listened to my concerns and questions. She advised me of California Laws and guided me through the process of what steps would be the best for preparing my will. Kenneth reviewed page by page of my will with me (before signing) and answered all of my questions. I highly recommend The Andrews Law Firm they made my dreaded will preparation bearable. Thank you.
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Linda Smith profile picture
Linda Smith
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Process was quick and easy. Appreciated all the help they provided.

This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Frequently asked questions

Questions clients ask about asset protection.

Straight answers to start with. Bring your own documents and circumstances to a free consultation for advice that fits.

All frequently asked questions
Can a living trust protect my assets?

No. A revocable living trust offers no protection from your own creditors (Probate Code §18200). It avoids probate and plans for incapacity, which is a different goal.

Is asset protection legal?

Yes, when it is done in advance and in good faith. Transfers made to hinder, delay or defraud an existing or foreseeable creditor can be undone under the Uniform Voidable Transactions Act.

Does California have a homestead exemption?

Yes. It protects equity in a principal residence: the greater of $300,000 or the county’s median single-family home price for the prior year, capped at $600,000, adjusted annually for inflation (Code of Civil Procedure §704.730).

Are retirement accounts protected from creditors?

Private retirement plans are generally exempt, and IRAs are exempt to the extent needed for retirement support (Code of Civil Procedure §704.115). Inherited IRAs are not protected in bankruptcy.

Can an LLC protect my rental property?

An LLC can keep claims arising from one property from reaching your other assets, and generally limits a personal creditor to a charging order against your distributions. It works only if the LLC is properly maintained and insured.

What is a spendthrift trust?

A trust whose terms prevent a beneficiary from assigning their interest and prevent the beneficiary’s creditors from reaching it before distribution (Probate Code §15300). It protects inheritances, not the creator’s own assets.

Can I use a Nevada asset protection trust?

Nevada allows self-settled asset protection trusts, but California does not, and whether a California court will respect an out-of-state trust for a California resident is uncertain — especially for California real estate.

What if I have already been sued?

Options are limited. Transfers made after a claim arises are likely to be challenged. Insurance, exemptions and proper defense of the claim become the focus.

Can I transfer property to my spouse to protect it?

In California the community estate is generally liable for debts either spouse incurs during marriage (Family Code §910), and changing community property to separate property requires an express written declaration (§852). A transfer between spouses is not a simple shield.

How do I protect my children’s inheritance from divorce?

Leave it in a trust rather than outright. Property held in a properly drafted trust, and kept separate, remains the beneficiary’s separate property.

Does asset protection affect my taxes?

It can. Entity transfers, gifts and retitling can affect income tax basis and property tax reassessment, so planning should be coordinated with your estate plan and CPA.

When should I start?

Before any claim exists — ideally when you start a business, buy rental property or update your estate plan.

Northern California service areas

Local guidance, without the long list.

Explore the regions where The Andrews Law Firm provides California-focused counsel. Find your community from one organized coverage page, or contact our Truckee office for consultation options.

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Bring your questions, your documents and the decisions you want help with. The first consultation is free.