Below you'll find a list of all posts that have been categorized as “Trusts”
From time to time, we are asked about using foundations as a substitute for asset protection trusts. In our judgment, there is no substitute for a competent, well crafted trust. This does not mean, however, that foundations should not be used in asset protection planning. For clients with charitable goals and objectives, foundations provide an excellent vehicle to satisfy those …
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.
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.
The Swiss Hybrid Trust constitutes an asset protection vehicle unattainable in any one jurisdiction alone.
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 …
