Can the IRS seize assets in a trust?

It depends on the type of trust. Revocable trusts offer no protection from IRS collection. Properly structured irrevocable trusts may protect assets, but timing and structure are critical — transfers made to avoid IRS collection can be reversed.

When should I start asset protection planning?

The best time is before you have an IRS problem. Transfers made after an IRS liability arises can be challenged as fraudulent conveyances. Early planning with an experienced tax attorney is essential.

Why use a tax attorney instead of just an estate planning attorney?

Estate planning is tax planning. We integrate income tax, gift tax, GST, estate tax, and creditor protection in a single plan rather than treating them as separate silos — which is where most plans leak value.

What's the 2026 federal estate tax exemption?

The historically high exemption is scheduled to drop roughly in half at the end of 2025 absent Congressional action. Clients with estates between $7M and $14M face the largest planning urgency through that window.

Can asset protection planning be done after a creditor problem arises?

Transfers made to hinder, delay, or defraud existing creditors are voidable under state Uniform Voidable Transactions Act statutes. Effective asset protection has to be done before a problem — afterward, the options narrow sharply.

Can the IRS seize assets in a trust?

It depends on the type of trust. Revocable trusts offer no protection from IRS collection. Properly structured irrevocable trusts may protect assets, but timing and structure are critical — transfers made to avoid IRS collection can be reversed.

When should I start asset protection planning?

The best time is before you have an IRS problem. Transfers made after an IRS liability arises can be challenged as fraudulent conveyances. Early planning with an experienced tax attorney is essential.

Why use a tax attorney instead of just an estate planning attorney?

Estate planning is tax planning. We integrate income tax, gift tax, GST, estate tax, and creditor protection in a single plan rather than treating them as separate silos — which is where most plans leak value.

What's the 2026 federal estate tax exemption?

The historically high exemption is scheduled to drop roughly in half at the end of 2025 absent Congressional action. Clients with estates between $7M and $14M face the largest planning urgency through that window.

Can asset protection planning be done after a creditor problem arises?

Transfers made to hinder, delay, or defraud existing creditors are voidable under state Uniform Voidable Transactions Act statutes. Effective asset protection has to be done before a problem — afterward, the options narrow sharply.

You Are Not The First. You Will Not Be The Last.

Estate Planning & Asset Protection

Protect your assets from IRS collection through legal planning strategies.

Protected AssetsRetirement accounts, homestead

TimingMust act before IRS files liens

Key ToolsTrusts, LLCs, exemptions

ImportantFraudulent transfer laws apply

Free · Confidential · Today

Talk To A Real Tax Attorney

One honest conversation. You'll hang up knowing exactly what the IRS can — and can't — do to you, and how we'll stop them.

Call (877) 829-5267

Privileged Mon–Fri 8–5

Legally reviewed byGregory McCauley Jr., Esq.

Tax Attorney · Villanova University School of Law · Admitted in Delaware, New Jersey, United States Tax Court

Last reviewedDecember 22, 2025

What This Actually Is — And How We End It

The Truth About Estate Planning & Asset Protection — And What To Do Right Now

When you owe the IRS, protecting your assets becomes critical. McCauley Law Offices develops legal strategies to shield your property from IRS collection while you work toward resolution.

We work with estate planning attorneys to create comprehensive asset protection plans that are legally sound and IRS-compliant.

Timing is everything in asset protection. Transferring assets after the IRS has assessed a tax liability can be challenged as a fraudulent conveyance — and can actually make your situation worse. The best time to plan is before a tax problem arises.

Asset Protection Strategies

Retirement accounts: Most qualified retirement accounts (401(k), IRA, pension) are protected from IRS levy under federal law, though the IRS can levy them in certain circumstances
Homestead exemptions: Pennsylvania, New Jersey, and Delaware each have different homestead protections. We identify which apply to your situation.
Irrevocable trusts: Properly structured irrevocable trusts can protect assets from IRS collection — but only if created before a tax liability arises
Business entity structuring: Separating business and personal assets through proper entity formation
Spousal property: Assets owned solely by a non-liable spouse may be protected in certain situations

Even after a tax liability exists, there are legitimate strategies to protect assets. The IRS has collection limitations, exempt property categories, and economic hardship provisions. We use every legal tool available to protect what matters most to you.

Common Mistakes to Avoid

Transferring assets to family members after learning of a tax problem — the IRS can reverse these as fraudulent transfers
Hiding assets in unreported offshore accounts — this creates criminal exposure on top of the civil tax issue
Quitclaiming property to a spouse — the IRS can file a nominee lien and seize the property anyway
Emptying bank accounts before the IRS levies — this looks like willful evasion and can trigger criminal referral

You Are Not Alone

People Just Like You Have Sat In This Exact Chair

They were terrified. They were ashamed. They thought they were the only one. Then they made one phone call — and everything changed.

Business Owner Protecting Family Assets

A business owner facing $300,000 in tax debt worked with us to restructure asset ownership and establish legal protections before entering negotiations with the IRS, ultimately preserving his family home and retirement accounts.

SLAT Locks In the Pre-Sunset Exemption

A Main Line couple used a Spousal Lifetime Access Trust to lock in $13M of exemption ahead of the 2026 sunset — preserving wealth and maintaining indirect access through the non-grantor spouse.

Domestic Asset Protection Trust for a Surgeon

A Wilmington physician with malpractice exposure established a Delaware Asset Protection Trust well before any incident, shielding $4M of investable assets behind statute-of-limitations-protected transfers.

IRS Notices

That Letter In Your Hand? Here's What It Really Means.

The IRS writes notices in code on purpose. If any of these landed in your mailbox, estate planning & asset protection is exactly how we fight back — and the clock is already ticking.

IRS CP504— Intent to Levy Notice

Urgent — Don't Delay

This is a final notice before the IRS seizes your assets. They intend to levy (take) your state tax refund and may seize other assets.

Deadline: 30 days

IRS LT11 / Letter 1058— Final Notice of Intent to Levy

Critical — Act Now

This is the absolute final warning. The IRS will begin seizing your wages, bank accounts, and property within 30 days.

Deadline: 30 days

Look up your specific IRS notice Browse the full IRS notice library

Every Day You Wait, The IRS Wins A Little More.

Penalties stack. Interest compounds. Legal options quietly disappear. One free call ends the spiral.

Call (877) 829-5267

From Panic To Peace Of Mind

Exactly How We Take This Off Your Shoulders

The hardest step is the first one. Everything after that, we carry for you. No surprises. No runaround. No lectures.

1
Map the family and tax footprint
Income tax bracket, estate exposure, GST profile, state estate/inheritance tax, and creditor risk — all on one page before drafting.
2
Design the integrated plan
Wills, revocable trusts, irrevocable trusts, LLCs, beneficiary designations, and titling — coordinated so each piece reinforces the others.
3
Draft and execute the documents
Tax-driven drafting with the discipline of a litigator who's seen plans tested. No boilerplate.
4
Fund the structure
An unfunded trust is a piece of paper. We oversee retitling, beneficiary updates, and entity capitalization until the plan is actually in place.
5
Review and update on schedule
Tax law, family circumstances, and statute change. We review every 3 years and after any major life or law event.

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Trusted by Thousands of Taxpayers

Real results from real clients

"McCauley Law resolved my $180,000 IRS debt for a fraction of what I owed. I was facing wage garnishment and bank levies — they stopped everything and negotiated an incredible settlement."

Robert M.

"After years of IRS letters and threats, Gregory and his team got my penalties completely removed. They were professional, responsive, and genuinely cared about my case."

Sandra L.

"They stopped a wage garnishment within 48 hours and ultimately settled my case for pennies on the dollar. I can't recommend them enough."

Michael T.

"I hadn't filed taxes in 5 years and was terrified. McCauley Law handled everything — filed all my returns, negotiated with the IRS, and got my penalties reduced by 80%."

Jennifer K.

"As a small business owner, I was facing $250,000 in payroll tax debt. Their team negotiated an Offer in Compromise that saved my business."

David R.

"My ex-husband's tax fraud left me liable for $135,000. McCauley Law got full innocent spouse relief — I owe nothing. They gave me my life back."

Maria G.

"Facing criminal tax charges was the worst experience of my life. Gregory McCauley's defense was brilliant — charges reduced, no prison time. Forever grateful."

Thomas W.

"The IRS had a lien on my home and was threatening seizure. McCauley Law negotiated a manageable payment plan and got the lien subordinated so I could refinance."

Patricia H.

"Professional, knowledgeable, and responsive. They explained every step of the process and kept me informed throughout. Resolved my $92,000 tax debt for $8,500."

James C.