Drafting an estate plan includes what we call a “revocable trust”. You put your assets into the trust. The trustee (yourself) controls those assets. You can buy or sell assets. However, putting assets into a revocable trust doesn’t necessarily protect them from creditors. If you want to protect your assets from creditors, there are a whole series of asset protection ways that you can do. One of these ways is primarily forming irrevocable trusts where you literally create a trust that you cannot change and make someone else the beneficiary of that trust or limit how assets could be taken out of the trust. It is a complex area of the law. It does work if it is done in a timely fashion. Asset protection plan should be done in advance of the time that they are needed, rather than after something happens where you need the plan whenever possible.
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