Is your 401(k) protected from creditors in California, or is that just a myth? In this episode of Protect Your Assets, David Hollander discusses how California creditor-exemption rules may apply to retirement accounts and why protection can depend on individual facts and court interpretation. With recent updates under Assembly Bill 2837, effective January 1, 2025, many investors may be surprised to learn how courts actually interpret these protections.

David reviews California Code of Civil Procedure Section 704.115 and key court decisions, including one well-known California case involving a 60-year-old executive in bankruptcy who argued that his retirement accounts should be fully protected from creditors. The court examined his age, income, expenses, and future earning potential before deciding how much, if any, of his retirement savings could be shielded. Through examples like this, David explains how factors such as your age, income, other assets, and proximity to retirement can determine whether your 401(k) is protected. If your retirement account is one of your largest assets, this episode clarifies what you need to know about 401(k) creditor protection in California and where potential risks may exist.

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