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Tag: Domestic Planning

Toni 1 Trust Case Provides Roadmap to DAPT Failure

April 18, 2018
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 […]

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A Review and Critique of the 2013 Ohio Legacy Trust Act

A Review and Critique of the 2013 Ohio Legacy Trust Act

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).

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Titling Assets: Pitfalls to Avoid

Titling Assets: Pitfalls to Avoid

Individuals should proceed with caution and utilize experienced counsel when titling new assets or transferring title to existing assets. This issue of the APN is the first of two parts addressing the most frequent failings of individuals attempting to implement do-it-yourself asset protection by titling/retitling assets.

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State Exemption Laws: Pitfalls to Avoid (Part 2)

State Exemption Laws: Pitfalls to Avoid (Part 2)

All states provide some degree of “asset protection” through their state exemption laws. Such laws shield certain types of assets, such as homestead, wages, annuities, life insurance and retirement funds from creditor claims. This issue of the APN is the second of two parts addressing the most frequent errors people make in attempting to implement asset protection on their own by using (or failing to use) state exemption laws.

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In Asset Protection Legislation, Alaska Takes a Leap Ahead of Other States, But It’s Still a State

March 17, 2004 0 Comments
In Asset Protection Legislation, Alaska Takes a Leap Ahead of Other States, But It’s Still a State

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.

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