What is the status of the annuity purchased by Marsha in regard to her creditors?

Study for the TNL LLQP Segregated Funds and Annuities Exam. Utilize flashcards and multiple choice questions, each with hints and explanations, to effectively prepare for your certification!

In examining the status of the annuity purchased by Marsha with regard to her creditors, it’s important to consider the legal principles governing creditor claims against assets. Annuities can often provide a level of protection from creditors, particularly when they are set up with specific beneficiaries and in accordance with legal frameworks designed to secure an individual's financial future.

The assertion that the annuity is not creditor-proof because it was purchased with the intent to escape obligations highlights a significant legal doctrine known as "fraudulent conveyance." If it can be proven that Marsha acquired the annuity specifically to shield her assets from creditors, a court may allow creditors to make a claim against the annuity. This is rooted in the idea that individuals should not be able to evade rightful debts by transferring wealth into protected or less accessible forms.

Consequently, should Marsha’s action be viewed as an attempt to defraud her creditors, this would justify allowing creditors to pursue claims against her annuity. Therefore, the characterization of the annuity as not being creditor-proof aligns with the legal and ethical framework governing asset protection and creditor claims.

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