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.

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.

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 …