Digital Asset Protection Planning

Several years ago, I assisted a client who was going through a contentious divorce.  Of particular concern to my client was that he had entrusted his then wife with passwords for many of his online accounts, and she was not ready to hand them over.  Her phone number had also been used for two-factor authentication on several of these same …

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.