Below you'll find a list of all posts that have been categorized as “Domestic Asset Protection”
Stephen Speiser, Esq. September 2024 In the realm of wealth management and asset protection, trusts play a pivotal role in safeguarding assets against potential creditors, legal judgments, and other financial risks. Two prominent types of trusts utilized for these purposes are Foreign Asset Protection Trusts (FAPTs) and Domestic Asset Protection Trusts (DAPTs). Each type offers unique features, legal protections, and …
Stephen Speiser September 2024 Foreign Asset Protection Trusts (FAPTs) are a powerful tool for safeguarding assets from potential creditors and legal disputes. However, when it comes to divorce, the effectiveness of these trusts can be put to the test. Divorce proceedings often involve complex asset division and can lead to intense scrutiny of any trusts established by either spouse. In …
By Stephen Speiser, Esq. May 2024 CPAs are called upon to advise clients on a wide range of financial planning matters, and their good counsel is often essential to the success of their clients’ business and estate planning objectives. One area that most CPAs tend to avoid, however, is asset protection. This is unfortunate, because CPAs are trusted advisors with …
385 Banks Projected to Fail / 1,000’s of Loans Projected to Default / Guarantors Wiped Out By Stephen Speiser, Esq. May 2024 The Coming Storm Approximately $1 trillion of commercial real estate debt is coming due this year, and that number will increase dramatically in 2025. The Mortgage Bankers Association confirms that real growth in CRE debt together with major …
By Stephen Speiser, Esq. May 2024 There is, perhaps, nothing more destructive of personal wealth than a personal guarantee. Of all the parties to a commercial loan transaction, guarantors are the ones who are the most “at risk” following a default. The reasons are several: Simply put, guarantors have few, if any, defenses to a contractual liability that can completely …
By Stephen Speiser, Esq. We need to have a serious conversation about domestic asset protection trusts (DAPTs). By our last count, 20 states now have DAPT laws: Alabama, Alaska, Connecticut, Delaware, Hawaii, Indiana, Michigan, Mississippi, Missouri, Nevada, New Hampshire, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. Yet, the rush to implement DAPT legislation – motivated by state bar …
By Stephen Speiser, Esq. In Nat’l Small Bus. United v. Yellen, 2024 U.S. Dist. LEXIS 36205 (March 1, 2024) the U.S. District Court for the Northern District of Alabama ruled that the CTA is unconstitutional in a lawsuit brought by the National Small Business Association (NSBA) and one of its members, Isaac Winkles. The court found that the CTA exceeds …
Can Asset Protection Save His Fortune from Manslaughter Charges? By: Stephen Speiser, Esq. February 1, 2024 The once bright future of Alec Baldwin is now in serious peril. On Friday, January 19, 2024, a New Mexico grand jury indicted the Emmy-award winning actor and director on involuntary manslaughter charges stemming from the October 2021 fatal shooting on the film set …
by Stephen Speiser, Esq.The Speiser Law Firm P.A. Florida’s homestead exemption is one of the most powerful asset protection laws available anywhere in the United States. Moreover, it is not just statutory law: It is written into the Constitution of the State of Florida. That makes Florida’s homestead law a constitutional right. Article 10, Section 4 of the Florida Constitution provides that an unsecured creditor …
Are Mireva Rulings Coming to the United States? Readers of our website know that we have written extensively about the Mareva ruling, a form of ex parte preliminary injunction increasingly granted by courts outside the USA to freeze debtor assets. A 2021 Florida state court decision has created a great deal of unease among debtors’ representatives concerning the reach of …
