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.
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.
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.
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 […]
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 Best to Protect Your Good Fortune and Secure Your Financial Future
Congratulations! You’ve won that big promotion, come into an inheritance, or sold your company at a tidy profit. Now what? You, my friend, have a wealth problem. As problems go, that’s a good one to have. You can pay off your mortgage, quit worrying about sending your kids to good colleges, take a well-deserved vacation. […]
HOW TO SELECT AN ASSET PROTECTION ATTORNEY
14 questions to ask your prospective lawyer about asset protection.
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