This article in our “Common Client Questions” series focuses on a re-emerging trend in the asset protection industry: clients retaining control over asset protection structures. Offshore asset protection planning is effective because of two elements. The first, that the offshore asset protection trust and its assets are beyond the reach of a U.S. court’s jurisdiction. […]
Attorney Howard Rosen explains civil contempt, the applicable law, and how contempt relates to asset protection planning.
Also discussed is the Bellinger case, a recent decision which reaffirms the right of an individual to set up offshore asset protection planning without the fear of a civil contempt order.
This newsletter discusses contempt of court, and a new case that reaffirms the right to establish offshore trusts without fear of incarceration.
For the past two decades, naysayers jump at any case where a debtor is held in contempt and happens to have a trust, with the overt statement or implication that asset protection planning results in contempt. The most recent case drawing such attention comes to us from California in the form of Marciano, and close analysis reveals very different reasons for the debtor’s incarceration.
Monterey County Bar Association to Host Howard Rosen
The Monterey County Bar Association will host Howard Rosen, Esq. on January 31, 2019. Howard will present a seminar on “Asset Protection Planning With Offshore Trusts.” Persons interested in attending, or learning more about the Monterey County Bar, should contact Laura Elkington (phone: (831) 582-5400).
Attorney Howard Rosen to be Guest Speaker at Santa Barbara County Bar
Attorney Howard Rosen has been invited to be the guest speaker at the Santa Barbara County Bar Association meeting on February 19, 2019. Rosen will present a seminar on Asset Protection Planning with Offshore Trusts. Information on the Santa Barbara County Bar meetings can be obtained from Josh Rabinowitz, Esq. (Contact at (805) 963-0755, extension […]
Brazoria County Bar to Host Asset Protection Attorney
Asset protection attorney Howard Rosen will present “Asset Protection Planning With Offshore Trusts” to the Brazoria County Bar Association at their March meeting. The seminar is free for members and available to the general public for a small fee. Those wishing to attend should RSVP directly to the Brazoria County Bar on their website at https://www.brazoriabar.org/. […]
Patricia Donlevy-Rosen, Esq. is a shareholder (partner) of the law firm of Donlevy-Rosen & Rosen, P.A. Her notable publications include the RIA Tax Advisors Planning Series titled "Asset Protection Planning". Due to Patricia's extensive experience with offshore asset protection planning and the protection of immovable assets, she is regarded as an authority on the subjects among her peers. ... Read More
Howard Rosen, Esq. is a shareholder (partner) of the law firm of Donlevy-Rosen & Rosen, P.A. His notable publications include the BNA Tax Management Portfolio titled "Asset Protection Planning" (1994, 2002), of which he is a founding author. Due to Howard's extensive experience with offshore asset protection planning and the related tax issues, he is regarded as an ... Read More
Monterey County Bar Association to Host Howard Rosen
The Monterey County Bar Association will host Howard Rosen, Esq. on January 31, 2019. Howard will present a seminar on “Asset Protection Planning With Offshore Trusts.” Persons interested in attending, or learning more about the Monterey County Bar, should contact Laura Elkington (phone: (831) 582-5400).
Attorney Howard Rosen to be Guest Speaker at Santa Barbara County Bar
Attorney Howard Rosen has been invited to be the guest speaker at the Santa Barbara County Bar Association meeting on February 19, 2019. Rosen will present a seminar on Asset Protection Planning with Offshore Trusts. Information on the Santa Barbara County Bar meetings can be obtained from Josh Rabinowitz, Esq. (Contact at (805) 963-0755, extension […]
Special Invitational Luncheon at the 53rd Annual Heckerling
For the fourth year running, Donlevy-Rosen & Rosen, P.A. will host an invitational luncheon at the Heckerling Institute on Estate Planning. Widely regarding as the largest and most prestigious estate planning convention, the 53rd Heckerling Institute will take place at the Orlando World Center Marriott from January 14-18, 2019. Donlevy-Rosen & Rosen’s luncheon will occur […]
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.
How to select an asset protection attorney: 14 questions to ask your prospective lawyer
Selecting an asset protection attorney can be a daunting task, especially when so many inexperienced attorneys advertise asset protection services. So how can you weed out the bad from the good – the unqualified from the qualified? We have developed this list of fourteen questions that should be asked of every asset protection attorney before […]
Toni 1 Trust Case Provides Roadmap to DAPT Failure
We’ve said it before and we will say it again, Domestic Asset Protection Trusts (“DAPTs”) are not reliable. Can they work sometimes? Of course. Would you use a seatbelt that worked sometimes? Of course not. As if additional evidence of this was needed, the Bertrans and their Toni 1 Trust have come along to provide […]
When should your clients consider asset protection planning?
How far in advance should wealth preservation planning be implemented, and when is it too late to protect your clients’ assets? Because timing can be so important to the success of a wealth preservation plan, you should keep these seven considerations in mind when advising your client on planning implementation. It is never too […]
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