When Is An “Offshore” Asset Protection Plan Not Really Offshore?

There are three basic elements of a true “offshore” asset protection plan: (i) the legal structure (trust or business entity) must be formed outside the U.S. in a safe jurisdiction; (ii) the assets have been successfully migrated to the offshore legal structure; and (iii) legal control of the structure must be vested in persons or trustees who are not subject to U.S. jurisdiction.

Planning for Success

The Speiser Law Firm’s approach to asset protection involves a highly structured process that begins with the performance of comprehensive due diligence on each and every client to ensure that we have a full understanding of your needs before we begin the planning process, and to make sure our planning recommendations are specific to those needs. “Success is the direct …

Asset Protection Entities

We use a variety of special purpose entities (“SPE”) as firewalls to shield your asset from creditors.  In this section we will explore the most effective SPEs for asset protection planning.  Two of the most effective SPEs for asset protection are: the Domestic Asset Protection Limited Liability Company (DAPLLC) and, the Domestic Asset Protection Limited Partnership (DAPLP). We will consider each one …

Charging Order Protection

Charging Orders are an important legal issue that must be navigated by the client and their attorney in order to create a successful asset protection plan.  Technically, a charging order is a creditor remedy.  It is a court order that allows a creditor to intercept any distributions of income or profits that are paid out by an LLC or a Limited Partnership to a member …

Fraudulent Transfers (aka “Voidable Transactions”)

Fraudulent transfers are one of the most important and difficult legal issues that must be confronted by the client and their attorney in order to create a successful asset protection plan.  A fraudulent transfer is defined as a transfer of property to a third party with the intent to “hinder, delay, or defraud” a present or future creditor.  For example, transferring title to real …

What Is Asset Protection?

Asset protection is the art of indirect (or beneficial) ownership, and its goal is to enable you to achieve the following objectives lawfully and ethically:          To place your assets beyond the reach of our legal system To place your assets beyond the reach of creditors To walk away from a catastrophic lawsuit with your assets intact “Asset protection is the …

Zen and the Art of Asset Protection

“Zen:  1. a state of calm attentiveness; 2. an approach to life that emphasizes calm simplicity; 3. a state of peacefulness or relaxation” Imagine, if you will, that you’ve lost a major lawsuit and the jury has awarded the plaintiff a multimillion-dollar judgment.  You now find yourself sitting in the conference room of a large law firm facing an army of highly paid …