©2019 By: Howard Rosen, Esq., Donlevy-Rosen & Rosen, P.A. Fracking has become a dirty word in the media, largely because of protests from environmentalists and prominent Hollywood stars voicing complaints about water contamination and environmental damage. Whether or not these claims are valid, one thing is for certain – a litigation storm surrounding this […]
Effective March 27, 2013, Ohio joined the growing list of states that have enacted asset protection trust legislation. This article provides a review and critique of the asset protection aspects of the Ohio Legacy Trust Act (Act).
Years ago asset protection planning was an infrequently discussed topic between CPAs and their clients. Today, however, the topic often arises. Therefore, CPAs must have a basic knowledge of the strategies and techniques available to their clients to be able to intelligently respond to client inquiries.
Amendment 8 prohibits a physician who has been “found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida” (emphasis supplied). How do you protect yourself from that Draconian rule? You implement a comprehensive asset protection strategy.
On July 10, 2003, Alaska amended its 1997 Alaska Trust Act (the “2003 Bill”) in an effort to stay in the forefront of the growing list of states seeking to generate trust business by providing settlors with creditor protection and estate freeze legislation. This type of legislation attempts to rival that offered by certain offshore jurisdictions. The 2003 Bill makes Alaska more attractive as an domestic asset protection situs. As a state in the United States, however, Alaska falls short of providing the ultimate protection offered by certain offshore jurisdictions – lack of U.S. court power to upset asset protection planning.
On March 22, 2003, Utah joined the growing list of states which have enacted asset protection trust legislation. This article provides a review and critique of those provisions of the Utah legislation which pertain to asset protection. Trusts which are subject to the new legislation will be referred to herein as “Utah trusts”.
Patricia Donlevy-Rosen & Howard Rosen will be among the presenters at the the BFI Inner Circle Forum 2019 to be held at the Green Valley Ranch Resort in Henderson, Nevada, September 26 – 28, 2019. Patricia will discuss the special strategies required to implement asset protection for real estate and Howard will discuss offshore wealth protection trust strategies.
Legal Education Program Sponsored by the Osgoode Hall Law School
April 23 2019 Both Patricia and Howard will participate in a nationwide Canadian continuing legal education program sponsored by the Osgoode Hall Law School (at York University, Toronto, Canada). Howard will discuss drafting strategies for the offshore asset protection trust and Patricia will discuss special techniques for protecting real estate from creditors.
Southpac Offshore Planning Institute at the Four Seasons Hotel in Nevis
May 1 – 3 2019 Both Patricia and Howard will participate in the Southpac Offshore Planning Institute at the Four Seasons Hotel in Nevis. Howard will discuss both drafting strategies and federal tax reporting requirements for the offshore asset protection trust and Patricia will discuss special techniques for protecting real estate from creditors. Both Patricia […]
Uniform Voidable Transactions Act Adopted by ULC
Our Uniform Law Commission (ULC) unanimously adopted (this week) the Uniform Voidable Transactions Act.
“Domestic Asset Protection Trusts Can Fail” says Estate Planning Expert
A battle is raging between US-based attorneys over the use of Domestic Asset Protection Trusts (DAPTs) or their offshore counterparts (Foreign Asset Protection Trusts or FAPTs). Fifteen states (and counting) have enacted some form of asset protection trust legislation, but the efficacy of these DAPTs has been called into question since inception. At the 48th […]
Discussing asset protection with your clients: a guide for attorneys, CPAs, and financial planners
According to the Wall Street Journal (July 15 – 16, 2006), asset protection planning has become “mainstream” planning. And just as planning professionals are obligated to advise clients on estate planning and financial planning matters, many feel that the same professionals are now ethically obligated to advise clients on asset protection matters. To determine if […]
The Domestic Asset Protection Trust
Being aware of the fact that general U.S. trust law will not be effective to protect trust assets from a settlor-beneficiary’s creditors, and seeking to obtain potential trust business, the legislatures of a number of states (nineteen as of January 1, 2020) – most notably Alaska, Delaware and South Dakota, have enacted varying degrees of […]
Self-Settled Trusts in General
Let’s face it: The goal of the modern day asset protection trust is to preserve and protect your assets for your own use and benefit during your lifetime. “Having your cake and eating it too” – in a financial sense. This is the very definition of a self-settled trust. Self-settled trusts began as a protective […]
WHO SHOULD BE THE TRUST PROTECTOR OF YOUR ASSET PROTECTION TRUST? IT REALLY DOES MATTER!
What is a “trust protector”? Although our common law of trusts dates back almost 1,000 years, the concept of the trust protector is a 20th century development, primarily used in offshore asset protection trusts.
ASSET PROTECTION UPDATE: FRACKING – Here it comes….
©2019 By: Howard Rosen, Esq., Donlevy-Rosen & Rosen, P.A. Fracking has become a dirty word in the media, largely because of protests from environmentalists and prominent Hollywood stars voicing complaints about water contamination and environmental damage. Whether or not these claims are valid, one thing is for certain – a litigation storm surrounding this […]
The Domestic Asset Protection Trust
Being aware of the fact that general U.S. trust law will not be effective to protect trust assets from a settlor-beneficiary’s creditors, and seeking to obtain potential trust business, the legislatures of a number of states (nineteen as of January 1, 2020) – most notably Alaska, Delaware and South Dakota, have enacted varying degrees of […]
Self-Settled Trusts in General
Let’s face it: The goal of the modern day asset protection trust is to preserve and protect your assets for your own use and benefit during your lifetime. “Having your cake and eating it too” – in a financial sense. This is the very definition of a self-settled trust. Self-settled trusts began as a protective […]
Patricia Donlevy-Rosen & Howard Rosen will be among the presenters at the the BFI Inner Circle Forum 2019 to be held at the Green Valley Ranch Resort in Henderson, Nevada, September 26 – 28, 2019. Patricia will discuss the special strategies required to implement asset protection for real estate and Howard will discuss offshore wealth protection trust strategies.
WHO SHOULD BE THE TRUST PROTECTOR OF YOUR ASSET PROTECTION TRUST? IT REALLY DOES MATTER!
What is a “trust protector”? Although our common law of trusts dates back almost 1,000 years, the concept of the trust protector is a 20th century development, primarily used in offshore asset protection trusts.
How to Judgment-Proof Your Real Estate
In the field of wealth protection, there are a myriad of purported strategies that have been put forth to shield real estate from future creditor claims. During our 45 years in practice, we’ve become familiar with all of them. However, only one stands out as truly effective: make your real estate “not worth going after” […]
WHO SHOULD BE THE TRUST PROTECTOR OF YOUR ASSET PROTECTION TRUST? IT REALLY DOES MATTER!
What is a “trust protector”? Although our common law of trusts dates back almost 1,000 years, the concept of the trust protector is a 20th century development, primarily used in offshore asset protection trusts.
HOW TO SELECT AN ASSET PROTECTION ATTORNEY
14 questions to ask your prospective lawyer about asset protection.
OFFSHORE TRUSTS & OFFSHORE ACCOUNTS: WHAT’S THE DIFFERENCE?
Potential clients often call us asking if we can set up an “offshore account” for them. Is this what they really mean, or are they (or should they be) asking about an offshore trust? In this issue we’ll compare the asset protection efficacy of an individual establishing an offshore account versus establishing an offshore trust which itself establishes an offshore account.
LAWSUITS IN THE COOK ISLANDS: PROPER TRUST STRUCTURING SAVES THE DAY (and the trust)!
We have often stated that the only way for a creditor to “get at” the assets held in a properly structured Cook Islands asset protection trust is for the creditor to bring a case in the Cook Islands. Why? The Cook Islands court is the only court which has jurisdiction (power) over the trustee, which, under trust law, is the holder of legal title to trust assets.
PROTECTING ASSETS FROM VENEZUELAN AND OTHER CONFISCATION: IMMEDIATE ACTION NEEDED
Today, with the ongoing turmoil in Venezuela, asset protection planning has taken on a more important aspect: protecting assets from confiscation by Venezuela (and other governments of that type), regardless of whether one desires to immigrate to the US.
PROTECTING REAL ESTATE WITHOUT AN OFFSHORE TRUST: Now It Can Be Done!
This newsletter discusses a new strategy to protect real estate when one does not have an offshore trust.
Asset Protection Trusts – Domestic & Offshore
October 29 2019 Howard will participate in a continuing education program for attorneys and CPA’s sponsored by the National Business Institute (in Pembroke Pines, Florida). His topic will be “Asset Protection Trusts – Domestic & Offshore”.
“Domestic Asset Protection Trusts Can Fail” says Estate Planning Expert
A battle is raging between US-based attorneys over the use of Domestic Asset Protection Trusts (DAPTs) or their offshore counterparts (Foreign Asset Protection Trusts or FAPTs). Fifteen states (and counting) have enacted some form of asset protection trust legislation, but the efficacy of these DAPTs has been called into question since inception. At the 48th […]
Effective July 1, 2013, those required to file FBARs (Report of Foreign Bank and Financial Accounts) must do so online through an e-filing portal on the Department of the Treasury’s website.
Madoff Claw-back Case Reveals Flawed Asset Protection
Attorneys of Donlevy-Rosen & Rosen analyze how a former Madoff client lost everything to a shaky asset protection plan
BNA Publishes Partners’ Article on Ohio Asset Protection Law
This month’s publication of BNA Tax Management’s Estates, Gifts and Trusts Journal includes a new article by Howard Rosen, Esq. and Patricia Donlevy-Rosen, Esq. titled “A Review and Critique of the Asset Protection Aspects of The 2013 Ohio Legacy Trust Act.”
6 Lessons from Report on Foreign Trust Abuse
A recent ICIJ report details the abuse of offshore trusts and accounts for tax evasion and money laundering. The report serves as a reminder that there are significant risks associated with improper planning and dealing with inexperienced planners. We have identified six lessons that the report provides on dealing with offshore trusts and accounts.
Protecting IRAs and other retirement plans (video)
How can you protect IRAs and other retirement plans? Patricia Donlevy-Rosen explains.
What is an offshore trust? (video)
What is an offshore trust and how it is used in asset protection? Howard Rosen answers these questions and more in this video.
Tax benefits and consequences of an offshore trust (video)
Howard Rosen discusses the tax consequences of implementing an offshore trust.
How can loans protect real estate? (video)
Patricia Donlevy-Rosen explains how loans can be used to protect real estate.
How do you protect immovable assets? (video)
How can you protect assets that are stuck in the US? Patricia Donlevy-Rosen presents some advanced techniques that can accomplish just that.
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