When In Rome… How the Location of Assets Affects Asset Protection Planning

The location of particular assets affects the law governing those assets and your ability to protect those assets from unanticipated creditors

Is All Asset Protection Planning Bad Under the UVTA?

A state’s enactment of a DAPT law should be regarded as the state legislature’s expression per se “actual intent” under the UVTA not be imputed in any form of asset protection planning.  While this is an incredibly broad inference, it reflects the reality that DAPTs do not exist in a vacuum.

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.

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 …