Estate Planning Glossary

fraudulent transfern.

also known asvoidable transaction, fraudulent conveyance, voidable transfer
  1. A transfer made to put assets out of a creditor's reach, which a court can undo. The modern statutory term is voidable transaction.

  2. A fraudulent transfer (now called a voidable transaction under modern uniform law) is a transfer of property made with intent to hinder, delay, or defraud a creditor, or made without receiving reasonably equivalent value while insolvent. A court can set the transfer aside and let the creditor reach the asset.

    This is the legal backstop that defeats last-minute asset shuffling. It is why legitimate asset protection must be done before a claim arises, not in response to one.

Colorado & Wyoming notes

Colorado has adopted the Uniform Voidable Transactions Act (C.R.S. Title 38, Article 8). Wyoming has adopted comparable uniform legislation. Both give creditors a multi-year window to challenge transfers and look hardest at transfers to insiders.