Mark Kohler warns that moving assets after an incident like a car accident can be treated as fraudulent transfer. Courts can undo the transfer and seize the asset to pay creditors, even if the transfer happened after the accident but the cause of action existed before it.
Chapters
If I get in a car accident tomorrow, I'm texting and driving, heaven forbid, a lot of people think, Mark, you can just transfer your house to your wife, or you can go deed that property to your son and you're okay. Just move your asset. That person that sues you can't get it. Wrong. That is called a fraudulent transfer because the cause of action came before I moved the asset. I moved the asset to hide it or get it away from the creditor. Judge later on, a year down the road, 2 years down the road, can say, when they find out that that was the strategy I employed, can undo that transaction and say, nope, get that property back and you're going to give it to the creditor. That was a fraudulent transfer because of this cause of action that you created. You can't do the move after the accident.