AGGRESSIVE REPRESENTATION
At Chris Pritt Law, we provide quality legal services in a wide variety of practice areas. These include:
Divorce
Child Custody
Child Support
Paternity
Wills & Trusts
Adoptions
Medical Powers of Attorney
Qualified Domestic Relations Orders
Estate Disputes
Prenuptial Agreements
Durable Powers of Attorney
Property Deeds
“I would like to express my heartfelt gratitude to you for all the care and concern you have shown me, and for working tirelessly to ensure that the law worked in our favor."
EM. G
Asset Protection Attorney
Services
Shield Your Assets from Lawsuits, Creditors, and Nursing Home Costs
Asset protection is the legal work of putting your property, savings, and family land out of reach of creditors, lawsuits, and nursing home costs before any of those threats arrive. West Virginia gives you stronger tools to do this than most states, including a trust you can still draw money from while it shields what you put inside it. An asset protection attorney at Chris Pritt Law sets these protections up under state law so your assets stay with your family.
The one thing that decides whether it works is timing. These tools have to be in place before a problem starts, which is why families across Kanawha County come to us early rather than after a claim shows up.
The Plan: Three Simple Steps To Securing Your Assets
Step 1: We figure out what's exposed. We go through what you own and how each piece is titled. Titling is where a lot of risk hides—a home in one spouse's name alone, for example, is far easier for a creditor to reach than the same home titled the right way.
Step 2: We move each asset into the right protection. A trust shields some assets. A correctly written deed protects others. We pick the tool that fits each piece of property instead of forcing everything into one solution.
Step 3: We fold it into your estate plan. The point isn't just to protect your assets today—it's to make sure they still pass to the right people later. We build your protection and your estate plan so they work together.
The Tools We Use For Your Asset Protection Strategy
Trusts. When you move assets into an irrevocable trust, you give up direct ownership of them. That puts them out of reach of most creditors. West Virginia goes further and lets you use a self-settled spendthrift trust—a trust you can still benefit from while it shields your assets. This is spelled out in state law at W. Va. Code § 44D-5, Article 5, which covers creditor claims and spendthrift trusts.
Protected inheritances. A spendthrift clause keeps the money you leave to a loved one safe from their creditors, their divorce, or their own mistakes. Their inheritance stays theirs.
Married couple ownership. West Virginia lets married couples own their home so that one spouse's creditors can't touch it. This is set up through the right kind of deed.
Why Timing Decides Everything
This is the part people get wrong. If you move assets to dodge a creditor who's already after you—or one you can see coming—a court can undo that move. This is covered by W. Va. Code § 40-1A. Once a lawsuit is filed or a nursing home starts billing you, it's usually too late. A lawyer for asset protection can only act while the door is still open.
Frequently Asked Questions
Does a living trust protect my assets from creditors?
No. Because you still control a revocable living trust, the law treats those assets as yours, and creditors can reach them. You need an irrevocable trust for real protection.
Can West Virginia trusts really protect my own assets?
Yes. West Virginia is one of only a few states that allow self-settled spendthrift trusts. Set up correctly, you can shield assets and still receive money from the trust.
What about Medicaid and nursing homes?
West Virginia looks back 60 months at any assets you gave away before applying for Medicaid. Gifts inside that window can delay your coverage. That's why you plan years ahead, not at the last minute.
Can I protect family mineral rights?
Yes. Mineral and royalty interests can go into a trust. That keeps them in the family and away from creditors.
Is it too late if someone's already suing me?
For the assets tied to that lawsuit, usually yes. Moves made to avoid a creditor who's already coming can be reversed. Protect your assets before trouble shows up.
Pritt Law Helps You Keep What You've Built
Set the right protection up now, and the home, the land, and the savings you spent a lifetime building stay with the people you want to have them. Wait too long, and the law may not let you fix it. Chris Pritt Law is an asset protection law firm in downtown Charleston, a short walk from the Kanawha County Courthouse, serving families across Kanawha, Putnam, Lincoln, and Boone counties. The sooner you start, the more our asset protection attorneys can do to protect what's yours.
The Best Time to Start Is Before It’s Needed
If your loved one depends on Medicaid or SSI, every year without a trust in place is a year that a single inheritance, gift, or legal settlement could undo everything. This isn't a decision that gets easier to put off—it gets riskier.
Chris Pritt is a special needs trust lawyer based in Charleston who works with West Virginia families on exactly this kind of planning. If you're ready to protect your loved one's future,reach out to Chris Pritt Law, PLLC today.
Address: 1012 Kanawha Blvd E. 5th Floor Charleston, West Virginia 25301
Phone: (304) 720‐4412
Email: [email protected]
OFFICE HOURS
Monday-Friday: 9:00am – 5:00pm
Saturday & Sunday: Closed
Call anytime — our team is available 24/7 to schedule your consultation.
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