-48- decedent had the potential to commit a tort, we do not find that she had this concern when the LRFLP was formed. Nor do we find that tort liability was a motivation for forming the LRFLP or that decedent’s daughter had discussed this issue with her husband or her brother. We also disagree with petitioners’ reasoning from a legal point of view. Petitioners assert that decedent’s creditors could not satisfy judgments against her by foreclosing on her interest in the LRFLP but could only attach distributions that the LRFLP actually made to her. By contrast, petitioners assert, decedent’s creditors could satisfy judgments against her by foreclosing on the assets of the Lillie Investment Trust. Petitioners conclude from these assertions that the LRFLP offered more creditor protection than offered by the Lillie Investment Trust. We are unpersuaded. Whereas creditors can set aside fraudulent transfers in both Florida and Illinois, see Fla. Stat. Ann. sec. 726.108 (West 2000); 740 Ill. Comp. Stat. Ann. 160/5(a)(1) (West 2002), we are unpersuaded on the facts at hand that decedent’s creditors would not have been able to foreclose on substantially all of decedent’s assets transferred to the LRFLP. See United States v. Engh, 330 F.3d 954 (7th Cir. 2003); Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So. 2d 189 (Fla. 2003). Nor are we persuaded that the transfer would withstand scrutiny in a bankruptcy court. See, e.g., Movitz v.Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
Last modified: May 25, 2011