Nationwide Asset Protection Planning
Donlevy-Rosen & Rosen, P.A. is a law firm concentrating its practice in offshore asset protection planning. We provide asset protection solutions for clients throughout the United States, and worldwide.
What is offshore asset protection planning?
Asset protection planning is the adoption of advance planning techniques which place one’s assets beyond the reach of future potential creditors. In our practice, it does not involve hiding assets, nor is it based upon secret agreements or fraud. It is based upon proven, sophisticated, combinations of business and estate planning techniques.
Effective asset protection planning involves the use of an offshore asset protection trust. An “offshore trust” is a trust formed under the laws of a jurisdiction other than the United States.
Why offshore vs. domestic asset protection planning?
A number of states have adopted asset protection trust legislation (of varying degrees) designed to attract the business of people looking for domestic solutions. In a few cases these domestic asset protection solutions may be effective. However, these domestic structures require you to foresee the types of creditors you will have (all states have loopholes for certain creditors), and the kinds of claims those creditors will bring.
Domestic jurisdictions may protect you from a creditor, until you are forced into bankruptcy. Federal law gives judges the ability to set aside state asset protection trusts under many circumstances (most recently demonstrated by a Federal Bankruptcy Court setting aside an Alaska trust). If you are confident that your creditors and the US legal system will treat you fairly, and that no creditor will force you into bankruptcy for at least 10 years, then consider domestic asset protection.
Otherwise, consider that properly implemented offshore asset protection is available to effectively protect your assets.
Do I need a lawyer for asset protection?
Asset protection planning is highly complex and a niche legal practice. To be properly implemented, asset protection requires advanced knowledge of state, federal, and international laws, in areas such as tax, property, and estate planning.
The negative consequences of poorly implemented planning can be numerous and severe, including tax liability, the loss of assets, or incarceration.
Do I need a local attorney?
The short answer is no. In theory, any attorney can represent a client in offshore planning. However, effective asset protection is a highly complex field, so your primary focus should be the experience and qualifications of the attorney you select. Asset protection planning, when implemented incorrectly, can result in unnecessary tax liability, high continuing costs, risk of loss of the assets, and even incarceration.
Why should I choose your firm?
The most important considerations in selecting a law firm are the qualifications and experience of the attorneys. Our firm has concentrated its practice in asset protection for over 20 years. Our attorneys have published numerous books, journals, and articles, many of which are used by other professionals as research tools for asset protection issues. The majority of our clients come to us through referrals from other attorneys familiar with our qualifications and experience.
Asset protection is most effective when implemented in advance of a lawsuit, judgment, or claim. But even if you have been sued or threatened with a lawsuit, it may be possible to protect your assets. If you are an individual or company at risk from lawsuits or other claims, you should consult with us as soon as possible.