Subscribe via RSS Feed Connect on LinkedIn View videos on YouTube

By Howard Rosen

ENHANCING CREDITOR PROTECTION OF IRA FUNDS: Inherited and Otherwise

ENHANCING CREDITOR PROTECTION OF IRA FUNDS: Inherited and Otherwise

This newsletter discusses protecting an inherited IRA and your own IRA from creditors, particularly in view of the 2014 Supreme Court case of Clark v. Rameker.

Continue Reading »

Uniform Voidable Transactions Act Adopted by ULC

Uniform Voidable Transactions Act Adopted by ULC

Our Uniform Law Commission (ULC) unanimously adopted (this week) the Uniform Voidable Transactions Act.

Continue Reading »

CONTEMPT OF COURT – PART 2: Self-Created Impossibility Defense

CONTEMPT OF COURT – PART 2: Self-Created Impossibility Defense

This newsletter discusses contempt of court, and a new case that reaffirms the right to establish offshore trusts without fear of incarceration.

Continue Reading »

FRACKING: The Coming Litigation Storm…

FRACKING: The Coming Litigation Storm…

Volume XXII • Number 1 • March/April 2014 INTRODUCTION. Fracking (hydraulic fracturing) is a drilling process that was first commercially used in 1949, and one whose use has exploded in recent years. Fracking involves forcing fluid at high pressure into a geologic formation containing oil or gas. The fluid fractures the formation, allowing oil and […]

Continue Reading »

Discussing asset protection with your clients: a guide for attorneys, CPAs, and financial planners

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 […]

Continue Reading »

Spousal Transfers: We Told You So

Spousal Transfers: We Told You So

We are often asked by potential clients, “Can’t I just transfer my assets to my spouse to protect them?” We have always recommended against that “strategy” for a number of reasons, not the least of which, we tell our clients: “What if she/he decides to divorce you? You could lose it all forever.” Another significant reason is that the transfer could be easily “undone” by a court if a fraudulent transfer is found to have occurred. Thus, no asset protection.

Continue Reading »