You use your firearm...want to keep your property?

[Moby]

http://www.lonestarlandlaw.com/Living-Trust.html" onclick="window.open(this.href);return false;

I'm considering putting my home in a trust after my CHL is issued.

I've been told by two CHL instructors (both cops) you can pretty much expect to get sued
should you ever be force to shoot.

Putting ones home and other investments in a trust seems a cheap and very effective way to protect
my assets. Like my business being in an LLC.

Any thoughts?

[Carry-a-Kimber]

Good shoot = no worries.

[anygunanywhere]

CIVIL PRACTICE AND REMEDIES CODE TITLE 4. LIABILITY IN TORT

CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007.

Good shoot you are ok.

Bad shoot you are liable.

Anygunanywhere

[speedsix]

...whether or not anyone can recover anything from you in a suit once the shooting has been judged justified has been debated here quite a bit...there seems to be a conflict in the laws...

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007

[RPB]

Sounds like putting home in a trust for that reason could hurt you

now no trust
1) + homestead protection + good shoot= case dismissed you are ok
2) get sued and lose (if not a good shoot) and homestead protection law might exempt your home from being lost

but

why risk the home by removing your homestead protections to put it in a trust?

A home in a trust might mean since you do not own the property you lose homestead status protection which you currently enjoy... could a trust reside in the home and get homestead protection.
http://library.findlaw.com/1999/Oct/1/126857.html" onclick="window.open(this.href);return false;

And, some people wipe out any debt/judgements against them with a bankruptcy ... and keep their homestead ...Now if sued there's certain property they can't take anyway, (Homestead protection) but if you remove that homestead protection and say set up a trust (possibly a revokable trust?) so that A) it's not your homestead protected property ...you need a lawyer & I ain't one.

Sounds like it could be a really really bad plan for a Texan to put a home in a trust for the purpose of "in case I get sued"
But, you'd need a lawyer who listens and understands your purpose for doing so and thinks.

Why give up this homestead protection? :
http://www.eblaw.net/texas-homestead-law-legal-aspects/" onclick="window.open(this.href);return false;

The Texas Homestead Law has historically been designed to protect the property owner with regard to the individual or family residence. There are three primary benefits from a Texas Homestead:

1.) Protection from a Forced Sale
If an individual should become liable to another person as a result of a judgment rendered in a lawsuit, the individual against whom the judgment has been taken may not be forced to sell his or her homestead to satisfy the judgment. ....

Can a "trust/trust document" have a "homestead" can the "corpus" of a trust still be a homestead ... ask a lawyer.

Bad shoot+get sued+bankruptcy=wipe out judgement
or
Bad shoot+get sued+house exempt from forced sale(homestead protection)

or

possibly
Set up trust
Bad shoot+get sued+house title in name of trust (not an individual nor family) which property may not be protected from forced sale under homestead law now/ trust revoked, no homestead protection, lose house


Just something to ask/consider when you consult a lawyer if you decide to try to put house in a trust and "give up ownership" of that property, and the protections/rights that go with it.

[Moby]

GREAT advice on the home stead thing.
I did not know I'd lose that in a trust.

Perhaps the trust idea is a bad move.

[RPB]

GREAT advice on the home stead thing.
I did not know I'd lose that in a trust.

Perhaps the trust idea is a bad move.

In fact, the very link you gave indicates to me that I'd want to keep the home in my name, not a trust
http://www.eblaw.net/texas-homestead-law-legal-aspects/" onclick="window.open(this.href);return false;

In the past, a homestead property was not exempt from a perfected lien, but it was exempt from forced sale so long as the property remained the homestead of the debtor. Exocet Inc. v. Cordes, 815 S.W.2d 350, 352 (Tex.App.-Austin 1991, no writ).

I'm not a lawyer nothing I say should be construed as legal advice. And I didn't sleep at a Holiday Inn last night, nor pretend to on TV

[recaffeination]

I was going to post about the homestead protection from creditors but I see RPB beat me to it.

Am I allowed to talk about the gross incompetence of those two instructors or does it depend on whether they're members of this forum?

[psijac]

Three different people used the hat tipping icon now I am confused about who is tipping to who. I demand more hats

[tbrown]

Three different people used the hat tipping icon now I am confused about who is tipping to who. I demand more hats

[barstoolguru]

if you want more protection from law suits increase your homeowner policy liability insurance. you can get a million dollars under a blanket policy on your homeowners for about 4 dollars a year, I did mine under farmers

[Jumping Frog]

if you want more protection from law suits increase your homeowner policy liability insurance. you can get a million dollars under a blanket policy on your homeowners for about 4 dollars a year, I did mine under farmers

One needs to actually read their policy to see if their homeowner's policy will cover self defense. Many do not. Some language in there about intentional torts or something like that, IIRC.

[barstoolguru]

if you want more protection from law suits increase your homeowner policy liability insurance. you can get a million dollars under a blanket policy on your homeowners for about 4 dollars a year, I did mine under farmers

One needs to actually read their policy to see if their homeowner's policy will cover self defense. Many do not. Some language in there about intentional torts or something like that, IIRC.

There were some discussions on this subject. I asked my agent and they said it does not cover lawyers’ fees to defend you but what it will do is protect you in the event of a law suit. If your bullet misses your intended target and damages something other than what you were shooting at. I asked them two different times and they say the same thing and let’s face it; it's 4 bucks for a million dollars of coverage that covers you in a car wreck or any other situation when someone is going after your house

[Jumping Frog]

they say the same thing and let’s face it; it's 4 bucks for a million dollars of coverage that covers you in a car wreck or any other situation when someone is going after your house

I was not saying an umbrella policy is a bad decision -- I have one myself. I was simply saying that one needs to read the fine print and compare companies because not every insurance policy treats this situation the same.

[Caltex]

http://www.lonestarlandlaw.com/Living-Trust.html

I'm considering putting my home in a trust after my CHL is issued.

I've been told by two CHL instructors (both cops) you can pretty much expect to get sued
should you ever be force to shoot.

Putting ones home and other investments in a trust seems a cheap and very effective way to protect
my assets. Like my business being in an LLC.

Any thoughts?

Homestead Acts protect the forced sale of property to satisfy unsecured debts. As of 9-09, title transfers (in Texas only), do not remove existing Homsteads. Living Trusts hold assets "in trust" for estate planning purposes, and both offer great write offs. So to a point, both protect your assets but in different ways. And always consult an attorney for specific legal advice.

Ofcourse you could always overinsure and be a really good shot.